Regulation (EU) 2016/2031 of the European Parliament of the CouncilShow full title

Regulation (EU) 2016/2031 of the European Parliament of the Council

of 26 October 2016

on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) Council Directive 2000/29/EC(3) sets out a plant health regime.

(2) On 21 November 2008, the Council invited the Commission to proceed to an evaluation of that plant health regime.

(3) In the light of the outcome of that evaluation and the experience gained from the application of Directive 2000/29/EC, that Directive should be replaced. In order to ensure uniform application of the new rules, the act replacing that Directive should take the form of a Regulation.

(4) Plant health is very important for plant production, forests, natural and planted areas, natural ecosystems, ecosystem services and biodiversity in the Union. Plant health is threatened by species injurious to plants and plant products which now present a greater risk of being introduced into the Union territory owing to globalisation of trade and climate change. In order to fight that threat, it is necessary to adopt measures concerning the determination of the phytosanitary risks posed by those pests and the reduction of those risks to an acceptable level.

(5) The need for such measures has long been recognised. They have formed the subject of international agreements and international conventions, including the International Plant Protection Convention (IPPC) of 6 December 1951 concluded at the United Nations Food and Agricultural Organisation (FAO) and its new, revised text approved by the FAO Conference in November 1997 at its 29th session. The Union and all its Member States are contracting parties to the IPPC.

(6) It has become apparent that for the determination of the scope of this Regulation it is important to take into account bio-geographical factors to avoid the introduction into and spread within the territory of the European Union of pests not present in that territory. Consequently, Ceuta, Melilla and, with the exception of Madeira and the Azores, the outermost regions of Member States referred to in Article 355(1) of the Treaty on the Functioning of the European Union (TFEU) should be excluded from the territorial scope of this Regulation. References to third countries should be read as references also to those excluded territories.

(7) Directive 2000/29/EC sets out rules concerning official controls to be carried out by the competent authorities as regards protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community. It requires the Member States to carry out adequate and efficient control measures. Such adequate and efficient official controls measures should also be continued in the future. As part of the ‘Smarter Rules for Safer Food’ package, this Regulation should only provide for a limited number of provisions on official controls since those rules should be provided for in the framework of the horizontal legislation on official controls.

(8) Criteria should be set out for the identification of pests for which the adoption of measures is necessary to prevent their introduction into and spread within the entire Union territory. Such pests are referred to as ‘Union quarantine pests’. Criteria should also be set out for the identification of pests for which it is necessary to adopt measures of control only as regards one or more parts of that territory. Such pests are referred to as ‘protected zone quarantine pests’. Where those pests are plants, the implementation of this Regulation should focus in particular on plants which are parasitic to other plants, when they are most injurious to plant health.

(9) In order to allow efforts for the control of Union quarantine pests to concentrate on those pests whose potential economic, environmental or social impact is the most severe for the Union territory a restricted list of such pests (‘priority pests’) should be established.

(10) In order to ensure that effective and timely action is taken where a Union quarantine pest is found to be present or suspected of being present, notification obligations should apply to the Member States, professional operators and the public.

(11) Where those notification obligations imply that personal data of natural or legal persons should be disclosed to the competent authorities, this may constitute a limitation of Article 8 (Protection of Personal Data) of the Charter on Fundamental Rights of the European Union (‘the Charter’). However such a limitation would be necessary and proportionate to the achievement of the public interest objective of this Regulation.

(12) A professional operator or other person suspecting or becoming aware of the presence of a Union quarantine pest in a plant, plant product or other object which is or was under its control should be under an obligation to notify the competent authority of that suspicion or awareness, to take all measures that may be appropriate as regards the elimination of the pest and the withdrawal or recall of the plants, plant products or other objects concerned, and to provide to the competent authority, other persons in the trade chain and the public with information.

(13) Member States should take all necessary phytosanitary measures to eradicate Union quarantine pests, when found to be present in their territories. It is appropriate to set out measures which may be taken by Member States in such a case. It is also appropriate to set out the principles which the Member States should follow when deciding which measures should be taken. Those measures should include the establishment of demarcated areas, consisting of an infested zone and a buffer zone and, when applicable, the determination of actions which should be taken by a professional operator or other person in order to eliminate the quarantine pest or in order to prevent the spread of that pest.

(14) In certain cases, Member States should impose measures for the eradication of quarantine pests on plants in private premises, because eradication of pests can only be successful if all sources of infestation are removed. For that purpose, the competent authorities of Member States should have legal access to those premises. This may constitute a limitation of Article 7 (Respect for Private and Family Life) and Article 17 (Right to Property) of the Charter. That limitation should be necessary and proportionate to the achievement of the public interest objective of this Regulation.

(15) Prevention and early detection of the presence of pests is extremely important for timely and effective eradication. Member States should therefore carry out surveys for the presence of Union quarantine pests in the areas where those pests were not known to be present. In view of the number of Union quarantine pests and the time and resources required to carry out those surveys, Member States should establish multiannual survey programmes.

(16) The Commission should be empowered to adopt measures where there is a suspected or confirmed presence of specific Union quarantine pests, in particular concerning their eradication and containment and the establishment of demarcated areas, surveys, contingency plans, simulation exercises and action plans.

(17) Where a Union quarantine pest has become established in a demarcated area and cannot be eradicated, the Commission should adopt Union measures as regards the containment of that pest in that area.

(18) In order to ensure swift and effective action against pests which are not Union quarantine pests, but which Member States consider may fulfil the conditions for inclusion in the list of Union quarantine pests, provision should be made for measures to be taken by Member States in the event that they become aware of the presence of such a pest. Similar provisions should be set out for the Commission.

(19) Under certain conditions Member States should be allowed to adopt more stringent measures than those required by Union legislation.

(20) Special provisions should apply to priority pests as regards, in particular, the provision of information to the public, surveys, contingency plans, simulation exercises, action plans for eradication and co-financing of measures by the Union.

(21) Quarantine pests which are present in the Union territory but which are absent from specific parts of that territory designated as ‘protected zones’, and whose presence would have an unacceptable economic, social or environmental impact only within those protected zones, should be specifically identified and listed as ‘protected zone quarantine pests’. The introduction into, movement within, and release into the respective protected zones of protected zone quarantine pests should be prohibited.

(22) Rules should be established concerning the recognition, modification or revocation of recognition of protected zones, survey obligations for protected zones, action to be taken in the event that protected zone quarantine pests are found to be present in the respective protected zones, as well as the establishment of temporary protected zones. Strict rules should apply for the amendment of the extent, and for the revocation of recognition, of protected zones where a protected zone quarantine pest is found to be present within the respective protected zone.

(23) A pest, which is not a Union quarantine pest, should be referred to as a ‘Union regulated non-quarantine pest’ if that pest is mainly transmitted through specific plants for planting, its presence on those plants for planting has an unacceptable economic impact as regards the intended use of those plants and it is listed as a Union regulated non-quarantine pest. In order to limit the presence of such pests, their introduction into, or movement within, the Union territory on the plants for planting concerned should be prohibited where those pests are present at an incidence above a certain threshold.

(24) Certain plants, plant products and other objects pose an unacceptable risk due to their likelihood of hosting a Union quarantine pest. For some of those, acceptable risk-mitigation measures are available, while not for others. Depending on the availability of acceptable risk-mitigation measures, their introduction into, or movement within, the Union territory should be either prohibited or subject to special requirements. Those plants, plant products and other objects should be listed.

(25) In addition to the measures taken to manage the unacceptable risk of the plants, plant products and other objects thereof, this Regulation should provide risk-based and preventive measures to protect the Union territory from pests that a plant, plant product or other object originating from a third country might introduce, on the basis of a preliminary assessment of that high risk. That preliminary assessment should take into account specific criteria appropriate for the plant, plant product or other object concerned. For that purpose scientific opinions or studies of the IPPC, the European and Mediterranean Plant Protection Organisation (EPPO), the European Food Safety Authority (EFSA) or Member State authorities should be taken into account. On the basis of that preliminary assessment, a list of those high-risk plants, plant products or other objects should be established and their introduction into the Union territory should be prohibited, pending a risk assessment carried out in accordance with IPPC standards. Those plants, plant products or other objects should not include those whose introduction in the Union territory is prohibited or subject to special and equivalent requirements, on the basis of a pest risk analysis, or which are subject to the temporary prohibitions set out in this Regulation.

(26) Provision should be made for derogations from the prohibitions or special requirements as regards the introduction of plants, plant products and other objects into the Union territory. The Commission should be empowered to recognise certain measures of third countries as equivalent to the requirements for the movement within the Union territory of plants, plant products and other objects concerned.

(27) Those prohibitions or requirements should neither apply to small quantities of certain plants, plant products and other objects, other than plants for planting, for non-commercial and non-professional purposes, nor, in certain cases, to the introduction into, and movement within, frontier zones of plants, plant products and other objects.

(28) It is appropriate to provide for exemptions from the prohibition of introduction into, and movement within, the Union territory of pests, plants, plant products and other objects which are subject to those prohibitions and which are intended for certain purposes such as official testing, scientific or educational purposes, trials, varietal selection or breeding. Proper safeguards should be set and information should be provided to those concerned.

(29) Plants moving into the Union from third countries and moving through postal services are in many cases non-compliant with the phytosanitary requirements of the Union. In order to raise awareness, specific rules concerning the information to be provided to travellers and clients of postal services should be set out.

(30) A derogation from the Union rules for the introduction into, and movement within, the Union territory should be provided for plants, plant products and other objects in phytosanitary transit, subject to specific conditions.

(31) The international trade of plants, plant products and other objects with which there is limited phytosanitary experience can potentially involve unacceptable risks of the establishment of quarantine pests which are not yet listed as Union quarantine pests and for which no measures have been adopted pursuant to this Regulation. In order to ensure swift and effective action against those newly identified or suspected pest risks associated with plants, plant products and other objects which are not subject to permanent requirements or prohibitions, but may qualify for such permanent measures, the Commission should have the possibility to adopt temporary measures in accordance with the precautionary principle and identify those plants, plant products and other objects taking into account objective and established elements.

(32) It is necessary to set out prohibitions and special requirements, similar to those set out for the Union territory, in respect of the introduction into, and movement within, protected zones of plants, plant products and other objects that would pose a risk of an unacceptable level due to their likelihood of hosting the respective protected zone quarantine pest.

(33) General requirements should be adopted concerning vehicles, machinery and packaging material used for plants, plant products and other objects to ensure that they are free from quarantine pests.

(34) Member States should designate confinement facilities and quarantine stations. Requirements concerning the designation, authorisation, operation and supervision of those confinement facilities and quarantine stations and concerning the release of plants, plant products or other objects from those facilities or stations should be set out. Where those requirements include the maintenance of lists of staff and visitors entering the facilities and stations, this may constitute a limitation of Article 8 (Protection of Personal Data) of the Charter. However that limitation would be necessary and proportionate to the achievement of the public interest objective of this Regulation.

(35) The Commission should keep a publicly available, updated list of all notifications it has received concerning emerging pests in third countries which may pose a risk to plant health in the Union territory.

(36) In order to ensure effective implementation of this Regulation, certain professional operators subject to obligations under this Regulation should be registered in registers set up by the Member States. Requirements for registration, as well as exemptions from those requirements, should be set out.

(37) In order to facilitate the detection of the source of an infestation by a quarantine pest, it is appropriate to require professional operators to keep records in respect of the plants, plant products and other objects supplied to them by professional operators and supplied by them to other professional operators. In view of the latency periods of some quarantine pests, and the time required for the detection of the source of infestation, records should be kept for at least three years.

(38) Professional operators should also have in place systems and procedures to allow identification of the movements of plants, plant products and other objects within and between their own premises.

(39) A phytosanitary certificate should be required for the introduction from third countries into the Union territory, and into protected zones, of certain plants, plant products and other objects. Those plants, plant products and other objects should be listed in the interest of transparency.

(40) Phytosanitary certificates should also be required for the introduction of other plants from third countries into the Union territory. This is important in order to ensure an appropriate level of phytosanitary safety as well as effective overview of the import of those plants into the Union and the risks thereof. Those plants should, however, not be subject to the provisions on official controls at border control posts laid down in the relevant Union legislation.

(41) Those phytosanitary certificates should comply with the requirements of the IPPC and should attest compliance with the requirements and measures established pursuant to this Regulation. In order to ensure the credibility of the phytosanitary certificates, rules should be established concerning the conditions of their validity and invalidation.

(42) The movement within the Union territory, and into and within protected zones, of certain plants, plant products and other objects should only be permitted if accompanied by a plant passport, attesting compliance with the requirements and measures established pursuant to the provisions of this Regulation. Those plants, plant products and other objects should be listed in the interest of transparency.

(43) Plant passports should not be required for plants, plant products and other objects supplied directly to final users, including home gardeners. However, certain exceptions should be set out.

(44) In order to ensure the credibility of the plant passports, rules should be established concerning their content and form.

(45) Plant passports should generally be issued by the authorised professional operator. It should be possible for competent authorities to decide to issue plant passports.

(46) Rules should be set out for the issuance of plant passports, the examinations required for issuance, the attaching of plant passports, the authorisation and supervision of professional operators issuing plant passports, the obligations of authorised operators and the withdrawal of that authorisation.

(47) In order to reduce the burden of authorised operators, examinations for issuing plant passports should, where appropriate, be combined with the examinations required under Council Directives 66/401/EEC(4), 66/402/EEC(5), 68/193/EEC(6), 2002/54/EC(7), 2002/55/EC(8), 2002/56/EC(9), 2002/57/EC(10), 2008/72/EC(11) and 2008/90/EC(12).

(48) Authorised operators should possess the necessary knowledge concerning pests.

(49) Certain authorised operators may wish to establish a pest risk management plan, ensuring and demonstrating a high level of competence and awareness as regards pest risks as regards critical points in their professional activities and justifying special control arrangements with the competent authorities. Union rules should be established concerning the contents of those plans.

(50) It is appropriate to provide for the replacement of plant passports and of phytosanitary certificates.

(51) In cases of non-compliance with the Union rules, plant passports should be removed, invalidated and, for reasons of traceability, kept.

(52) International Standard for Phytosanitary Measures No 15 Regulation of Wood Packaging Material in International Trade (ISPM15) requires wood packaging material to be marked with a specific mark, applied by duly authorised and supervised professional operators. This Regulation should set out requirements concerning the treatment, marking and repairing of wood packaging material in line with that standard. This Regulation should also set out rules for the authorisation and supervision of professional operators in the Union territory applying that mark.

(53) Where so required by a third country, the respective plants, plant products or other objects should be moved from the Union territory to that third country with a phytosanitary certificate for export or re-export. In respect of the relevant provisions of the IPPC, those certificates should be issued by the competent authorities, respecting the contents of the model certificates for export and re-export set out by the IPPC. Protection should be offered to third countries against Union quarantine pests because of their acknowledged harmful nature, except where a Union quarantine pest is officially known to be present in the third country concerned and not under official control, or where it can be reasonably assumed that that Union quarantine pest does not meet the criteria to qualify as a quarantine pest for the third country concerned.

(54) Where a plant, plant product or other object is moved through more than one Member States before it is exported to a third country, it is important that the Member State in which the plants, plant product or other objects were produced or processed exchanges information with the Member State which issues the phytosanitary certificate for export. That exchange of information is important in order to enable compliance with the requirements of the third country to be attested. Therefore, a harmonised ‘pre-export certificate’ should be established in order to ensure that the exchange of that information takes place in a uniform manner.

(55) The Commission should establish an electronic system for the notifications required in accordance with this Regulation.

(56) In order to take into account the most severe economic, social or environmental impact on the Union territory of certain Union quarantine pests, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of listing priority pests.

(57) In order to ensure that the exceptions for Union quarantine pests and for plants, plant products and other objects originating from third countries or territories which are prohibited from being introduced into the Union territory, used for official testing, scientific or educational purposes, trials, varietal selection or breeding are implemented in a manner that does not pose any pest risk to the Union territory or parts of it, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules concerning the exchange of information between Member States and the Commission as regards the introduction into, movement within, and holding, multiplication and use in, the Union territory of the pests and plants, plant products and other objects concerned, the procedure and conditions for granting the corresponding authorisation, and the monitoring of compliance as well as the actions to be taken in the event of non-compliance.

(58) In order to ensure the correct application of the derogations from the obligation to carry out annual surveys of demarcated areas, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of further specifying the pests concerned by those derogations and conditions for the application of those derogations.

(59) In order to ensure that protected zones are established and function in a reliable manner, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of detailed rules for the surveys to be carried out for purposes of the recognition of protected zones and for the preparation and the content of surveys on protected zone quarantine pests.

(60) In order to ensure a proportionate and restricted application of the exemptions concerning the movement of plants, plant products or other objects into or within frontier zones, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules concerning the maximum width of third country frontier zones and Member State frontier zones, the maximum distance of the movement of the plants, plant products and other objects concerned within the third country frontier zones and Member State frontier zones and the procedures concerning the authorisation of the introduction into, and movement within, the Member State frontier zones of plants, plant products and other objects.

(61) In order to ensure that the registration of professional operators is proportionate to the objective of controlling pest risk, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules setting out further categories of professional operators to be exempted from the obligation to register, particular requirements for the registration of certain categories of professional operators and the maximum figures for small quantities that the professional operators may supply to final users in order to be exempted from the obligation to register.

(62) In order to ensure the credibility of phytosanitary certificates of third countries which are not contracting parties to the IPPC, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules supplementing the conditions for acceptance of phytosanitary certificates from those third countries.

(63) In order to minimise the pest risks of plants, plant products or other objects moved within the Union territory, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules setting out the cases where, for particular plants, plant products or other objects, the exemption from the requirement to issue plant passports only applies for small quantities.

(64) In order to ensure the reliability of examinations of plants, plant products and other objects carried out for the issuance of plant passports, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules on visual examination, sampling and testing and the frequency and timing of the examinations.

(65) In order to enhance the credibility of plant passports, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules setting out criteria to be fulfilled by the professional operators in order for them to be authorised to issue plant passports and procedures ensuring that those criteria are met.

(66) In order to ensure correct marking of wood packaging material and to take into account the development of international standards, and in particular of ISPM15, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending and supplementing the requirements concerning wood packaging material, including its introduction into the Union territory, and of specifying the requirements for authorisation of registered operators to apply the mark of wood packaging material in the Union territory.

(67) In order to take into account the development of international standards, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules concerning attestations for plants, plant products and other objects, other than wood packaging material, which would require the application of a specific attestation of compliance with the rules of this Regulation.

(68) In order to ensure the utility and reliability of official attestations, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules setting out the contents of official attestations, the authorisation and supervision of professional operators issuing those attestations, as well as the elements of the export, re-export and pre-export certificate.

(69) In order to adapt to the development of scientific and technical knowledge and of international standards, in particular the standards of the IPPC and the EPPO, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of rules amending the Annexes to this Regulation.

(70) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(13). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(71) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to listing Union quarantine pests; setting out the format of reports on surveys, as well as instructions on how to fill in that format; establishing the format of the multiannual survey programmes and related practical arrangements; setting out measures against specific Union quarantine pests; and adopting measures for a limited time as regards the risks posed by pests not listed as Union quarantine pests.

(72) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission with respect to establishing a list of protected zones and of the respective protected zone quarantine pests; and amending the extent of, or revoking the recognition of, protected zones.

(73) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission with respect to listing of Union regulated non-quarantine pests and the plants for planting concerned; and setting out measures to prevent the presence of Union regulated non-quarantine pests on the respective plants for planting.

(74) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission with respect to: listing the plants, plant products and other objects which are prohibited from being introduced into the Union territory, and the third countries concerned; listing the plants, plant products and other objects subject to special requirements, and the special requirements concerned for their introduction into, and movement within, the Union territory; the provisional listing of the high-risk plants, plant products and other objects whose introduction into the Union territory is to be prohibited, and the third countries concerned; the procedure for risk assessment in connection with that listing; setting out, for third countries, requirements that are equivalent to the requirements for movement within the Union territory of plants, plant products or other objects; setting out arrangements for the presentation and use of posters and brochures concerning the introduction of plants, plant products and other objects into the Union territory; setting out specific conditions or measures concerning the introduction of particular plants, plant products and other objects into frontier zones of Member States; adoption of temporary measures concerning plants, plants products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks; adopting decisions on temporary measures taken by Member States concerning imminent danger; listing of plants, plant products and other objects which are prohibited from being introduced into certain protected zones; listing the plants, plant products and other objects subject to special requirements, and the special requirements concerned for their introduction into, and movement within, certain protected zones; and laying down rules concerning the requirements for quarantine stations and confinement facilities, and the release of plants, plant products and other objects from those stations and facilities.

(75) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission with respect to setting out shorter or longer minimum periods for keeping the records concerning traceability by the professional operators, and requirements as to the accessibility of those records.

(76) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission with respect to: listing of the plants, plant products and other objects, and the respective third countries of origin or dispatch, for which a phytosanitary certificate is to be required for their introduction into the Union territory; listing of the plants, plant products and other objects, and the respective third countries of origin or dispatch, for which a phytosanitary certificate is to be required for their introduction into certain protected zones from those third countries; listing of the plants, plant products and other objects, the third countries concerned, and the maximum quantity subject to be exempted from the requirement for a phytosanitary certificate when introduced in the Union territory; and setting out technical arrangements concerning the invalidation of the electronic phytosanitary certificates.

(77) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission with respect to listing of the plants, plant products and other objects, for which a plant passport is to be required for their movement within the Union territory; listing of the plants, plant products and other objects for which a plant passport is to be required for their introduction, and movement within, certain protected zones; and specifying the protected zone pests, plants, plant products or other objects for which a plant passport for protected zones is required in the case of direct supply to a final user.

(78) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission with respect to setting out the format specifications of the plant passport; identifying types and species of plants for planting for which exemptions from the indication of traceability code in the format of the plant passport should not apply; and setting out technical arrangements for the issuance of electronic plant passports.

(79) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission with respect to setting out specific arrangements concerning the material, treatment and marking as regards repairing of wood packaging material; laying down the format specifications of attestations other than the mark of wood packaging material; laying down the procedures for the issuance of the pre-export certificate; and laying down specific rules concerning the submission of notifications.

(80) The implementing powers conferred on the Commission should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(14).

(81) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to measures to be adopted against specific Union quarantine pests or pests not listed as Union quarantine pests, to the prohibition of introduction of certain plants, plant products and other objects into the Union territory or a protected zone or to subjecting such introduction to specific requirements and to temporary measures concerning plants, plant products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks, imperative grounds of urgency so require.

(82) Council Directives 74/647/EEC(15) and 2006/91/EC(16) set out measures on the control of carnation leaf-rollers and San José Scale. Following the entry into force of those Directives, the pests concerned have become widespread throughout the Union territory, and their containment is thus no longer feasible. Those Directives should therefore be repealed.

(83) Council Directives 69/464/EEC(17), 93/85/EEC(18), 98/57/EC(19) and 2007/33/EC(20) should be repealed, as new measures on the pests which they concern should be adopted in accordance with this Regulation. In view of the time and resources required to adopt those new measures, those Directives should be repealed with effect from 1 January 2022.

(84) Regulation (EU) No 652/2014 of the European Parliament and of the Council(21) provides that grants for measures against pests are to concern certain pests listed in the Annexes to Directive 2000/29/EC, and certain pests not listed in those Annexes but subject to temporary Union measures adopted with regard to them. In addition to the provisions of that Regulation, this Regulation establishes the category of priority pests and it is essential that certain measures taken by the Member States as regards, in particular, priority pests are to be eligible for Union grants, including compensation paid to professional operators for the value of plants, plant products and other objects subject to destruction pursuant to the eradication measures set out in this Regulation. Regulation (EU) No 652/2014 should therefore be amended.

(85) Technical amendments should also be made in Regulations (EU) No 228/2013(22) and (EU) No 1143/2014(23) of the European Parliament and of the Council.

(86) Since the objective of this Regulation, namely to ensure a harmonised approach with regard to protective measures against pests of plants, cannot be sufficiently achieved by the Member States but can rather, by reason of its effect, complexity, and trans-border and international character, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not exceed what is necessary in order to achieve that objective.

(87) For small and medium-sized enterprises (SMEs), this Regulation does not create a disproportionate administrative burden or economic impact. Under this Regulation, based on consultation with stakeholders, the special situation of SMEs has been taken into account where possible. A potential universal exemption for micro-enterprises, which make up the majority of companies, has not been considered, in view of the public policy objective of protecting plant health.

(88) This Regulation takes into account the IPPC, the Agreement on the Application of Sanitary and Phytosanitary Measures and the guidelines set out under them.

(89) In accordance with the principle of ‘smart’ regulation, the implementation of this Regulation should be coordinated with that of Regulation (EU) No 1143/2014 in order to ensure that Union plant health legislation applies fully and in its entirety.

(90) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter and notably respect for private and family life, the right to property, the protection of personal data, freedom to conduct business and the freedom of art and science. This Regulation should be applied by the Member States in accordance with those rights and principles,

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. Subject matter, scope and definitions

Article 1 U.K. Subject matter and scope

1. This Regulation establishes rules to determine the phytosanitary risks posed by any species, strain or biotype of pathogenic agents, animals or parasitic plants injurious to plants or plant products (‘pests’) and measures to reduce those risks to an acceptable level.

2. Where there is evidence that non-parasitic plants, other than those regulated under Article 4(1) of Regulation (EU) No 1143/2014, pose phytosanitary risks which would have a severe economic, social and environmental impact on [F1 Great Britain], those non-parasitic plants may be considered as pests for the purposes of this Regulation.

F2 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 26(2)(a) (with regs. 53, 55)

F2 Art. 1(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 26(2)(b) (with regs. 53, 55)

Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘plants’ means living plants and the following living parts of plants:

(a)

seeds, in the botanical sense, other than those not intended for planting;

(b)

fruits, in the botanical sense;

(c)

vegetables;

(d)

tubers, corms, bulbs, rhizomes, roots, rootstocks, stolons;

(e)

shoots, stems, runners;

(f)

cut flowers;

(g)

branches with or without foliage;

(h)

cut trees retaining foliage;

(i)

leaves, foliage;

(j)

plant tissue cultures, including cell cultures, germplasm, meristems, chimaeric clones, micro-propagated material;

(k)

live pollen and spores;

(l)

buds, budwood, cuttings, scions, grafts;

(2)

‘plant products’ means unmanufactured material of plant origin and those manufactured products that, by their nature or that of their processing, may create a risk of the spread of quarantine pests.

Except where otherwise provided in the [F3 Phytosanitary Conditions Regulation, other retained EU law relating to plant health or regulations made under Article 28(1) or 30(1)], wood shall only be considered as a plant product if it fulfils one or more of the following criteria:

(a)

it retains all or part of its natural round surface, with or without bark;

(b)

it has not retained its natural round surface due to sawing, cutting or cleaving;

(c)

it is in the form of chips, particles, sawdust, wood waste, shavings or scrap, and has not undergone processing involving the use of glue, heat or pressure or a combination thereof to produce pellet, briquettes, plywood or particle board;

(d)

it is, or is intended to be, used as packaging material, whether or not it is actually in use for transport of goods;

(3)

‘planting’ means any operation for the placing of plants in a growing medium, or by grafting or similar operations, to ensure their subsequent growth, reproduction or propagation;

(4)

‘plants for planting’ means plants intended to remain planted, to be planted or to be replanted;

(5)

‘other object’ means any material or object, other than plants or plant products, capable of harbouring or spreading pests, including soil or growing medium;

(6)

[F4 ‘competent authority’ means:

(a)

in relation to England, the Secretary of State or the Forestry Commissioners;

(b)

in relation to Scotland, the Scottish Ministers; and

(c)

in relation to Wales, the Welsh Ministers;]

(7)

‘lot’ means a number of units of a single commodity, identifiable by its homogeneity of composition, origin and other relevant elements, forming part of a consignment;

(8)

‘trade unit’ means the smallest commercial or other useable unit applicable to the marketing stage concerned, which may be the subset or the whole of a lot;

(9)

‘professional operator’ means any person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects:

(a)

planting;

(b)

breeding;

(c)

production, including growing, multiplying and maintaining;

(d)

introduction into, and movement within and out of, [F5 Great Britain];

(e)

making available on the market;

(f)

storage, collection, dispatching and processing;

(10)

‘registered operator’ means a professional operator registered in accordance with Article 65;

(11)

‘authorised operator’ means a registered operator authorised by the competent authority to issue [F6 UK] plant passports in accordance with Article 89, to apply a mark in accordance with Article 98, or to issue attestations in accordance with Article 99;

(12)

‘final user’ means any person acting for purposes which are outside that person's trade, business or profession who acquires plants or plant products for personal use;

(13)

‘test’ means an official examination, other than visual, to determine if pests are present or to identify pests;

(14)

‘treatment’ means a procedure, whether official or non-official, for the killing, inactivation or removal of pests, or for rendering those pests infertile, or for the devitalisation of plants or plant products;

(15)

‘incidence’ means the proportion or number of units in which a pest is present in a sample, consignment, field or other defined population;

(16)

‘establishment’ means the perpetuation, for the foreseeable future, of a pest within an area after entry;

(17)

‘eradication’ means the application of phytosanitary measures to eliminate a pest from an area;

(18)

‘containment’ means the application of phytosanitary measures in and around an infested area to prevent the spread of a pest;

(19)

‘quarantine station’ means any official station for holding pests, plants, plant products or other objects in quarantine;

(20)

‘confinement facility’ means any facility, other than quarantine stations, where pests, plants, plant products or other objects are kept under confinement conditions;

(21)

‘traceability code’ means a letter, numerical or alphanumerical code that identifies a consignment, lot or trade unit, used for traceability purposes, including codes referring to a lot, batch, series, date of production or professional operator documents;

(22)

‘phytosanitary measure’ means any official measure having the purpose to prevent the introduction or spread of quarantine pests or to limit the economic impact of regulated non-quarantine pests.

(23)

[F7 ‘Regulation (EU) 2017/625’ means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products ;

(24)

‘appropriate authority’ has the meaning given in Article 2a;

(25)

‘appropriate computerised information management system’ means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625;

(26)

‘CD authority’, in relation to a CD territory, means the authority that is officially responsible in that territory for the implementation of rules in relation to protective measures against pests of plants;

(27)

‘CD pest-free area’ means a CD territory or an area in that territory which has been established as a pest-free area in accordance with ISPM4 in respect of a CD quarantine pest;

(28)

‘CD quarantine pest’ means a pest which:

(i)

is present in Great Britain, but not in a CD territory that is recognised as free from that pest in accordance with ISPM4; and

(ii)

may not, under the relevant CD legislation, be introduced into the CD territory;

(29)

‘CD territory’ means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;

(30)

‘Commission Delegated Regulation (EU) 2019/1702’ means Commission Delegated Regulation (EU) 2019/1702 establishing a list of priority pests;

(31)

‘GB pest-free area’ means an area in Great Britain which has been established as a pest-free area in accordance with ISPM4 in respect of a PFA quarantine pest;

(32)

‘GB quarantine pest’ has the meaning given in Article 4;

(33)

‘GB regulated non-quarantine pest’ has the meaning given in Article 36;

(34)

‘IPPC’ means the International Plant Protection Convention 1951;

(35)

‘ISPM4’ means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

(36)

‘ISPM15’ means International Standard for Phytosanitary Measures No. 15 of March 2002 on guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

(37)

‘PFA quarantine pest’ has the meaning given in Article 32(1);

(38)

‘the Phytosanitary Conditions Regulation” 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;

(39)

‘priority pest’ has the meaning given in Article 6(1);

(40)

‘provisional GB quarantine pest’ has the meaning given in Article 30(A1);

(41)

‘relevant CD legislation’, in relation to a CD territory, means legislation on protective measures against pests of plants that is in force in that CD territory;

(42)

‘relevant legislation on the marketing of seeds and other propagating material’ means retained EU law that implemented:

(a)

in relation to fodder plant seed, Council Directive 66/401/EEC on the marketing of fodder plant seed;

(b)

in relation to cereal seed, Council Directive 66/402/EEC on the marketing of cereal seed;

(c)

in relation to propagating material of ornamental plants, Council Directive 98/56/EC on the marketing of propagating material of ornamental plants;

(d)

in relation to forest reproductive material, Council Directive 1999/105/EC on the marketing of forest reproductive material;

(e)

in relation to beet seed, Council Directive 2002/54/EC on the marketing of beet seed;

(f)

in relation to vegetable seed, Council Directive 2002/55/EC on the marketing of vegetable seed;

(g)

in relation to seed potatoes, Council Directive 2002/56/EC on the marketing of seed potatoes;

(h)

in relation to seed of oil and fibre plants, Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants;

(i)

in relation to vegetable propagating and plant material, other than seed, Council Directive 2008/72/EC on the marketing of vegetable propagating and plant material, other than seed;

(j)

in relation to fruit plant propagating material and fruit plants intended for fruit production, Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production;

(43)

‘UK NPPO’ means the national plant protection organisation of the United Kingdom;

(44)

‘UK plant passport’ has the meaning given in Article 78.]

Textual Amendments

F3 Words in Art. 2(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 26(3)(a) (with regs. 53, 55)

F4 Art. 2(6) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 26(3)(b) (with regs. 53, 55)

F5 Words in Art. 2(9)(d) substituted (20.4.2021) by The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021 (S.I. 2021/426), regs. 1(2), 2(2)

F6 Word in Art. 2(11) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(2)

F7 Art. 2(23)-(44) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 26(3)(c) (with regs. 53, 55)

[F8 Article 2a U.K. Meaning of appropriate authority

1. In this Regulation, ‘the appropriate authority’ means:

(a) in the case of regulations applying in relation to England, the Secretary of State;

(b) in the case of regulations applying in relation to Wales, the Welsh Ministers;

(c) in the case of regulations applying in relation to Scotland, the Scottish Ministers.

2. But ‘the appropriate authority’ is the Secretary of State:

(a) if consent is given:

(i) in the case of regulations applying in relation to Wales, by the Welsh Ministers;

(ii) in the case of regulations applying in relation to Scotland, by the Scottish Ministers; or

(b) in relation to any provision in regulations applying in relation to Great Britain which is outside devolved competence.

3. For the purposes of paragraph 2, a provision is “outside devolved competence”:

(a) in relation to Wales, if it would not be within the legislative competence of the Senedd Cymru if it were contained in an Act of the Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given);

(b) in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.]

Textual Amendments

F8 Art. 2a inserted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 26(4) (with regs. 53, 55)

[F9 Article 2b U.K. Meaning of third country and related expressions

1. In this Regulation:

• ‘third country’ means any country or territory outside the British Islands;

• ‘EU Member State’ means a member State.

2. For the purposes of this Regulation, any reference to the territory of an EU Member State or the European Union is not to be treated as including the Canary Islands, Ceuta, Melilla or the French Overseas Departments.

[F10 3. Any reference in this Regulation (however expressed) to plants, plant products or other objects originating in or from a third country, or dispatched from a third country, does not include:

(a) any plants, plant products or other objects in so far as they are part of a relevant NI trade unit; or

(b) any wood packaging material in use in the transport of a relevant NI trade unit.]]

Textual Amendments

F9 Art. 2b inserted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 26(4) (with regs. 53, 55)

F10 Art. 2b(3) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(3)

[F11 Article 2c U.K. Meaning of qualifying Northern Ireland goods and other expressions relating to qualifying Northern Ireland goods

In this Regulation:

(a) ‘EU Plant Health Regulation’ means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, as it applies in Northern Ireland by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

(b) ‘other permitted plant passport’ means a plant passport which has been issued in respect of a relevant NI trade unit before its introduction into Great Britain and by which, pursuant to paragraph 2 of Article 95a, that trade unit is permitted to be accompanied if moved within Great Britain;

(c) ‘qualifying Northern Ireland goods’ has the meaning given in the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020;

(d) ‘relevant NI trade unit’ means a trade unit of plants, plant products or other objects listed in Annex 13 or 14 to the Phytosanitary Conditions Regulation which consists entirely of qualifying Northern Ireland goods, other than any such trade unit in respect of which a UK plant passport has been issued in accordance with Articles 83 to 86, 87, 89 and 90.]

Textual Amendments

F11 Art. 2c inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(4)

CHAPTER II U.K. Quarantine pests

Section 1 U.K. Quarantine pests

Article 3 U.K. Definition of quarantine pests

A pest is a ‘quarantine pest’, with respect to a defined territory, if it fulfils all of the following conditions:

(a)

its identity is established, within the meaning of point (1) of Section 1 of Annex I;

(b)

it is not present in the territory, within the meaning of point (2)(a) of Section 1 of Annex I, or, if present, is not widely distributed within that territory, within the meaning of points (2)(b) and (c) of Section 1 of Annex I;

(c)

it is capable of entering into, becoming established in and spreading within the territory, or, if present in the territory, but not widely distributed, is capable of entering into, becoming established in and spreading within those parts of that territory where it is absent, within the meaning of point (3) of Section 1 of Annex I;

(d)

its entry, establishment and spread would, within the meaning of point (4) of Section 1 of Annex I, have an unacceptable economic, environmental or social impact on that territory, or, if present but not widely distributed, for those parts of the territory where it is absent; and

(e)

feasible and effective measures are available to prevent the entry into, establishment in or spread of that pest within, that territory and to mitigate the risks and impact thereof.

Section 2 U.K. [F12 GB] quarantine pests

Article 4 U.K. Definition of [F13 GB] quarantine pests

A quarantine pest is a ‘[F14 GB] quarantine pest’ if the defined territory referred to in the introductory part of Article 3 is [F15 Great Britain] and if it is included in the list [F16 in Annex 2 to the Phytosanitary Conditions Regulation].

Textual Amendments

F13 Word in Art. 4 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(3)(a) (with regs. 53, 55)

F14 Word in Art. 4 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(3)(b)(i) (with regs. 53, 55)

F15 Words in Art. 4 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(3)(b)(ii) (with regs. 53, 55)

F16 Words in Art. 4 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(3)(b)(iii) (with regs. 53, 55)

Article 5 U.K. Prohibition of introduction, movement, holding, multiplication or release of [F17 GB] quarantine pests

1. A [F18 GB] quarantine pest shall not be introduced into, moved within, or held, multiplied or released in, [F19 Great Britain].

F20 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 3. The appropriate authority may by regulations modify the list of GB quarantine pests in Annex 2 to the Phytosanitary Conditions Regulation where the results of an assessment show, in respect of Great Britain, that a pest which is not included in that list fulfils the conditions listed in Article 3, or that a pest which is included in that list no longer fulfils one or more of those conditions.]

F22 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Word in Art. 5 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(4)(a) (with regs. 53, 55)

F18 Word in Art. 5(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(4)(b)(i) (with regs. 53, 55)

F19 Words in Art. 5(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(4)(b)(ii) (with regs. 53, 55)

F20 Art. 5(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(4)(c) (with regs. 53, 55)

F21 Art. 5(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(4)(d) (with regs. 53, 55)

F22 Art. 5(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(4)(e) (with regs. 53, 55)

Article 6 U.K. Priority pests

1. [F23 GB] quarantine pests are ‘priority pests’ if they fulfil all of the following conditions:

(a) they fulfil, as regards [F24 Great Britain], one or more of the conditions set out in point (2) of Section 1 of Annex I;

(b) their potential economic, environmental or social impact is the most severe in respect of [F25 Great Britain] as set out in Section 2 of Annex I;

(c) they are [F26 included in the list in the Annex to Commission Delegated Regulation (EU) 2019/1702].

[F27 2. The appropriate authority may by regulations amend the list of priority pests in the Annex to Commission Delegated Regulation (EU) 2019/1702 where the results of an assessment show that a GB quarantine pest which is not included in that list fulfils the conditions referred to in points (a) and (b) of paragraph 1, or that a pest which is included in that list no longer fulfils either of those conditions.]

Textual Amendments

F23 Word in Art. 6(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(5)(a)(i) (with regs. 53, 55)

F24 Words in Art. 6(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(5)(a)(ii) (with regs. 53, 55)

F25 Words in Art. 6(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(5)(a)(ii) (with regs. 53, 55)

F26 Words in Art. 6(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(5)(a)(iii) (with regs. 53, 55)

F27 Art. 6(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(5)(b) (with regs. 53, 55)

Article 7 U.K. Amendment of Section 1 of Annex I

The [F28 appropriate authority may by regulations amend] Section 1 of Annex I in order to adapt it to the development of scientific and technical knowledge and of relevant international standards.

Textual Amendments

F28 Words in Art. 7 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(6) (with regs. 53, 55)

Article 8 U.K. [F29 GB] quarantine pests used for official testing, scientific or educational purposes, trials, varietal selections or breeding

1. By way of derogation from Article 5(1), [F30 a competent authority] may, on application, temporarily authorise the introduction into, the movement within, and the holding and multiplication in, [F31 in the relevant territory of GB quarantine pests or provisional GB quarantine pests] for official testing, scientific or educational purposes, trials, varietal selections, or breeding.

An authorisation shall be granted for the activity concerned only if adequate restrictions are imposed to ensure that the introduction, movement, holding, multiplication or use of the pest concerned does not result in its establishment or spread within the [F32 relevant] territory, taking into account the identity, biology and means of dispersal of the pest, the activity envisaged, the interaction with the environment and other relevant factors relating to the risk posed by that pest.

2. Authorisations granted pursuant to paragraph 1 shall include all of the following conditions:

(a) the pest is to be kept in a location and under conditions which:

(i)

the competent [F33 authority considers] to be appropriate; and

(ii)

are referred to in the authorisation;

(b) the activity involving the pest is to be carried out in a quarantine station or a confinement facility designated by the competent authority in accordance with Article 60 and referred to in the authorisation;

(c) the activity involving the pest is to be carried out by personnel:

(i)

whose scientific and technical competence is considered to be appropriate by the competent authority; and

(ii)

who are referred to in the authorisation;

(d) the pest is to be accompanied by the authorisation when introduced into, moved within, or held or multiplied in, the [F34 relevant] territory.

3. [F35 An authorisation] granted pursuant to paragraph 1 shall be limited as to the quantity of the pest that can be introduced, moved, held, multiplied or used and the length of time that [F36 is] adequate for the activity concerned. [F37 The authorisation] shall not exceed the capacity of the designated quarantine station or confinement facility.

[F38 An authorisation] shall include the restrictions necessary to adequately eliminate the risk of establishment and spread of the [F39 GB quarantine pest or provisional GB quarantine pest to which the authorisation relates].

4. The competent authority shall monitor compliance with the conditions referred to in paragraph 2 and the limitation and the restrictions referred to in paragraph 3 and take the necessary action in the event of non-compliance. Where appropriate, that action shall be the revocation of the authorisation referred to in paragraph 1.

5. The [F40 appropriate authority may by regulations lay] down detailed rules concerning:

F41 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the procedure and conditions for granting the authorisation referred to in paragraph 1; and

(c) the monitoring of compliance and the actions to be taken in the event of non-compliance, as referred to in paragraph 4.

Textual Amendments

F29 Word in Art. 8 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(a) (with regs. 53, 55)

F30 Words in Art. 8(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(b)(i)(aa) (with regs. 53, 55)

F31 Words in Art. 8(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(b)(i)(bb) (with regs. 53, 55)

F32 Word in Art. 8(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(b)(ii) (with regs. 53, 55)

F33 Words in Art. 8(2)(a)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(c)(i) (with regs. 53, 55)

F34 Word in Art. 8(2)(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(c)(ii) (with regs. 53, 55)

F35 Words in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(i)(aa) (with regs. 53, 55)

F36 Word in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(i)(bb) (with regs. 53, 55)

F37 Words in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(i)(cc) (with regs. 53, 55)

F38 Words in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(ii)(aa) (with regs. 53, 55)

F39 Words in Art. 8(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(d)(ii)(bb) (with regs. 53, 55)

F40 Words in Art. 8(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(e)(i) (with regs. 53, 55)

F41 Art. 8(5)(a) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(7)(e)(ii) (with regs. 53, 55)

Article 9 U.K. Notification of an imminent danger

F42 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43 3. Where a professional operator has any evidence concerning an imminent danger of the entry of a GB quarantine pest or a provisional GB quarantine pest into Great Britain, or into a part of Great Britain where it is not yet present, the professional operator must immediately notify the competent authority.]

Textual Amendments

F42 Art. 9(1)(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(8)(a) (with regs. 53, 55)

F43 Art. 9(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(8)(b) (with regs. 53, 55)

[F44 Article 10 U.K. Official confirmation by the competent authorities of the presence of a [F45 GB] quarantine pest

Where a competent authority suspects, or has received evidence concerning, the presence of a [F46 GB quarantine pest or a provisional GB quarantine pest in a part of its territory] where that pest was previously not known to be present, or in a consignment of plants, plant products or other objects introduced into, intended to be introduced into, or moved within [F47 Great Britain], it shall immediately take any measures necessary to confirm on the basis of a diagnosis of an official laboratory as referred to in Article 37 of Regulation [X1 (EU) 2017/625] (‘to officially confirm’), whether that pest is present or not.

Pending the official confirmation of the presence of that pest, the [F48 competent authority] shall, where applicable, take phytosanitary measures to eliminate the risk of spread of that pest.

The suspicion or evidence referred to in the first paragraph of this Article may be based on any information received pursuant to Articles 14 and 15, or from any other source.]

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F45 Word in Art. 10 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(9)(a) (with regs. 53, 55)

F46 Words in Art. 10 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(9)(b)(i) (with regs. 53, 55)

F47 Words in Art. 10 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(9)(b)(ii) (with regs. 53, 55)

F48 Words in Art. 10 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(9)(c) (with regs. 53, 55)

Article 11 U.K. [F49 Notification of GB quarantine pests by competent authorities]

[F50 1. A competent authority that officially confirms any of the situations described in paragraph 2 must immediately provide details of the situation to the other competent authorities.

2. The situations are:]

(a)

the presence in its territory of a [F51 GB] quarantine pest [F52 or provisional GB quarantine pest] not known to be present there;

(b)

the presence of a [F53 GB] quarantine pest [F52 or provisional GB quarantine pest] in a part of its territory where it was previously not present;

(c)

the presence in its territory of a [F54 GB] quarantine pest [F52 or provisional GB quarantine pest] in a consignment of plants, plant products or other objects introduced into, intended to be introduced into, or moved within, [F55 Great Britain].

F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Art. 11 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(10)(a) (with regs. 53, 55)

F50 Words in Art. 11 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(10)(b) (with regs. 53, 55)

F51 Word in Art. 11(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(10)(c) (with regs. 53, 55)

F52 Words in Art. 11(2) inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(2)

F53 Word in Art. 11(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(10)(c) (with regs. 53, 55)

F54 Word in Art. 11(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(10)(d)(i) (with regs. 53, 55)

F55 Words in Art. 11(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(10)(d)(ii) (with regs. 53, 55)

F56 Words in Art. 11 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(10)(e) (with regs. 53, 55)

Article 12 U.K. Information on [F57 GB] quarantine pests to be provided to professional operators by the competent authorities

1. Where one of the situations referred to in [F58 Article 11(2)] is officially confirmed, the competent authority shall ensure that professional operators whose plants, plant products or other objects may be affected are informed of the presence of the [F59 GB] quarantine pest [F60 or provisional GB quarantine pest] without delay.

F61 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 Word in Art. 12 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(11)(a) (with regs. 53, 55)

F58 Words in Art. 12(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(11)(b)(i) (with regs. 53, 55)

F59 Word in Art. 12(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(11)(b)(ii) (with regs. 53, 55)

F60 Words in Art. 12(1) inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(2)

F61 Art. 12(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(11)(c) (with regs. 53, 55)

Article 13 U.K. Information on priority pests to be provided to the public by the competent authorities

Where one of the situations referred to in points (a) and (b) of [F62 Article 11(2)] is officially confirmed as regards a priority pest, the competent authority shall inform the public about the measures it has taken or intends to take and about any measures to be taken by relevant categories of professional operators or other persons.

Textual Amendments

F62 Words in Art. 13 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(12) (with regs. 53, 55)

Article 14 U.K. Measures to be taken immediately by professional operators

1. Where a professional operator suspects or becomes aware that a [F63 GB quarantine pest or a provisional GB quarantine pest] is present in plants, plant products or other objects which are under that operator's control, it shall immediately notify the competent authority thereof, in order for that competent authority to take actions in accordance with Article 10. Where appropriate, the professional operator shall also immediately take precautionary measures to prevent the establishment and spread of that pest.

2. The competent authority may decide that the notification referred to in paragraph 1 is not required where a specific pest is known to occur in an area. [F64 The competent authority must promptly publish any decision made under this paragraph in such manner as the competent authority considers is appropriate to bring it to the attention of the professional operators who may be affected by the decision.]

3. Where a professional operator receives an official confirmation concerning the presence of a [F65 GB] quarantine pest [F66 or provisional GB quarantine pest] in plants, plant products or other objects which are under that operator's control, it shall consult the competent authority regarding the action to be taken and shall proceed, as applicable, with the actions referred to in paragraphs 4 to 7.

4. The professional operator shall immediately take the necessary measures to prevent the spread of that pest. Where the competent authority has provided instructions concerning those measures, the professional operator shall act in accordance with those instructions.

5. Where so instructed by the competent authority, the professional operator shall take the necessary measures to eliminate the pest from the plants, plant products or other objects concerned and from that operator's premises, land, soil, water or other infested elements which are under its control.

6. Unless otherwise instructed by the competent authority, the professional operator shall, without delay, withdraw from the market the plants, plant products and other objects which are under that operator's control and in which the pest could be present.

Where those plants, plant products or other objects have left the control of the professional operator, the professional operator shall, unless otherwise instructed by the competent authority, immediately:

(a) inform the persons in the trade chain to whom those plants, plant products and other objects have been supplied of the presence of the pest;

(b) provide those persons with guidelines on the necessary measures to be taken during shipment of the respective plants, plant products and other objects to reduce the risk of spread or escape of the pests concerned; and

(c) recall those plants, plant products or other objects.

7. Where paragraph 1, 3, 4, 5 or 6 of this Article applies, the professional operator shall, on request, provide to the competent authority all information which is relevant for the members of the public. Without prejudice to Article 13, if action is necessary with regard to the plants, plant products or other objects in which the respective pest may be present, the competent authority shall inform the public as soon as possible of that fact.

Textual Amendments

F63 Words in Art. 14(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(13)(a) (with regs. 53, 55)

F64 Words in Art. 14(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(13)(b) (with regs. 53, 55)

F65 Word in Art. 14(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(13)(c) (with regs. 53, 55)

F66 Words in Art. 14(3) inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(2)

Article 15 U.K. Measures to be taken by persons other than professional operators

1. Where any person other than a professional operator becomes aware of the presence of a [F67 GB] quarantine pest [F68 or provisional GB quarantine pest] or has reason to suspect such a presence, that person shall immediately notify the competent authority. Where that notification is not made in writing, the competent authority shall officially record it. If so requested by the competent authority, that person shall provide that authority with the information which is in its possession concerning that presence.

2. The competent authority may decide that the notification referred to in paragraph 1 is not required where a specific pest is known to be present in an area.

[F69 2A. The competent authority must promptly publish any decision made under paragraph 2 in such manner as the competent authority considers is appropriate to bring the decision to the attention of the public.]

3. The person who made the notification referred to in paragraph 1 shall consult the competent authority on the action to be taken and shall, in accordance with the instructions of the competent authority, take the measures necessary to prevent the spread of that pest and to eliminate it from the plants, plant products or other objects concerned and, where applicable, from that person's premises.

Textual Amendments

F67 Word in Art. 15(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(14)(a) (with regs. 53, 55)

F68 Words in Art. 15(1) inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(2)

F69 Art. 15(2A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(14)(b) (with regs. 53, 55)

Article 16 U.K. Derogations to notification obligations

The notification obligations referred to in Articles 14 and 15 shall not apply where:

(a)

a [F70 GB] quarantine pest [F71 or provisional GB quarantine pest] is found to be present in the infested zone of a demarcated area established for the containment of that pest, as referred to in Article 18(2);

(b)

a [F70 GB] quarantine pest [F71 or provisional GB quarantine pest] is found to be present in the infested zone of a demarcated area and subject to eradication measures requiring eight years or more, during the period of those first eight years.

Textual Amendments

F70 Word in Art. 16 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(15) (with regs. 53, 55)

F71 Words in Art. 16 inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(2)

Article 17 U.K. Eradication of [F72 GB] quarantine pests

1. Where one of the situations referred to in points (a) and (b) of [F73 Article 11(2)] is officially confirmed, the competent authority shall immediately take all necessary phytosanitary measures to eradicate the relevant [F74 GB] quarantine pest [F75 or provisional GB quarantine pest] from the area concerned. Those measures shall be taken in accordance with Annex II.

That obligation to eradicate shall not apply where [F76 retained direct EU legislation relating to plant health provides or regulations made under Article 28(1) provide] otherwise.

2. The competent authority shall without delay investigate the source of the presence of the [F77 GB] quarantine pest [F75 or provisional GB quarantine pest] concerned, in particular where that presence may be related to movements of plants, plant products or other objects, and the possibility that the pest concerned has been spread to further plants, plant products or other objects by those movements.

F78 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The measures referred to in paragraph 1 and the investigations referred to in paragraph 2 shall be taken irrespective of whether the pest is present on public or private premises.

Textual Amendments

F72 Word in Art. 17 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(a) (with regs. 53, 55)

F73 Words in Art. 17(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(b)(i)(aa) (with regs. 53, 55)

F74 Word in Art. 17(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(b)(i)(bb) (with regs. 53, 55)

F75 Words in Art. 17 inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(2)

F76 Words in Art. 17(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(b)(ii) (with regs. 53, 55)

F77 Word in Art. 17(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(c) (with regs. 53, 55)

F78 Art. 17(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(16)(d) (with regs. 53, 55)

Modifications etc. (not altering text)

C1 Art. 17(1) excluded (24.5.2023) by The Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023 (S.I. 2023/497), regs. 1(2), 7

Article 18 U.K. Establishment of demarcated areas

1. Where one of the situations referred to in points (a) and (b) of [F79 Article 11(2)] is officially confirmed, the competent authority shall immediately establish one or more areas where the eradication measures referred to in Article 17(1) are to be taken (‘demarcated area’).

The demarcated area shall consist of an infested zone and a buffer zone.

2. The infested zone shall, as applicable, contain:

(a) all plants known to be infested by the pest concerned;

(b) all plants showing signs or symptoms indicating possible infestation by that pest;

(c) all other plants liable to have been or become contaminated or infested by that pest, including plants liable to be infested due to their susceptibility to that pest and their close proximity to infested plants or common source of production, if known, with infested plants, or plants grown from them;

(d) land, soil, water courses or other elements infested, or liable to be infested, by the pest concerned.

3. The buffer zone shall be adjacent to the infested zone and shall surround it.

Its extent shall be appropriate in view of the risk of the pest concerned spreading out of the infested zone naturally or by human activities in the infested zone and its surroundings, and shall be decided in accordance with the principles set out in Section 2 of Annex II.

However, where any risk of the pest spreading out of the infested zone is eliminated or reduced to an acceptable level through natural or artificial barriers, no buffer zone shall be required to be established.

4. By way of derogation from paragraph 1, where upon initial examination the competent authority concludes, in view of the nature of the pest, the plant, plant product or other object concerned and the site where it was found, that the pest concerned can be eliminated immediately, the competent authority may decide not to establish a demarcated area.

In that case, it shall carry out a survey to determine whether any further plants or plant products have been infested. On the basis of that survey, the competent authority shall determine whether there is a need to establish a demarcated area.

[F80 4A. Where, in accordance with paragraph 2 or 3, the competent authority determines that a demarcated area should extend to or be established in another territory of Great Britain, it must immediately inform the competent authority in relation to that other territory of the extent of the proposed demarcated area.

4B. Where, in accordance with paragraph 4A, the competent authority in relation to that other territory is informed that a demarcated area should extend to or be established in the territory for which it is responsible, it may, in accordance with paragraphs 2 to 4, establish an appropriate demarcated area in the territory for which it is responsible.]

F81 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Words in Art. 18(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(17)(a) (with regs. 53, 55)

F80 Art. 18(4A)(4B) inserted (20.12.2022) by The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022 (S.I. 2022/1367), regs. 1(1), 2(3)

F81 Art. 18(5)(6) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(17)(b) (with regs. 53, 55)

Article 19 U.K. Surveys and modifications of demarcated areas and lifting of restrictions

1. [F82 The competent] authorities shall at least annually, at appropriate times, carry out a survey of each demarcated area as regards the development of the presence of the pest concerned.

Those surveys shall be carried out in accordance with Article 22(2).

F83 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F84 Where appropriate, the competent] authorities shall modify the boundaries of [F85 the infested zones, the buffer zones and the demarcated areas], in view of the results of the surveys referred to in paragraph 1.

4. [F86 The competent] authorities may abolish a demarcated area and terminate the respective eradication measures where the pest-free status of that area has been verified. This will be the case where the following two conditions are fulfilled:

(a) the survey referred to in paragraph 1 shows that the area has been found to be free from the pest concerned; and

(b) the pest concerned has not been found to be present in that demarcated area for a sufficiently long period.

5. When deciding on the modifications referred to in paragraph 3 or the abolition of the demarcated area referred to in paragraph 4, the competent authority concerned shall take into account at least the following factors:

(a) the biology of the pest and the vector concerned;

(b) the presence of host plants;

(c) the ecoclimatic conditions; and

(d) the likelihood of the eradication measures having been successful.

6. By way of derogation from paragraph 1 of this Article, annual surveys shall not be required to be carried out in the infested zone of demarcated areas established for:

(a) pests subject to eradication measures requiring eight years or more;

(b) pests subject to [F87 containment measures, where applicable].

7. [F88 The appropriate authority may by regulations supplement] this Regulation by further specifying the pests referred to in point (a) of paragraph 6 of this Article and in point (b) of Article 16 and conditions for the application of those derogations.

Textual Amendments

F82 Words in Art. 19(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(a) (with regs. 53, 55)

F83 Art. 19(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(b) (with regs. 53, 55)

F84 Words in Art. 19(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(c)(i) (with regs. 53, 55)

F85 Words in Art. 19(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(c)(ii) (with regs. 53, 55)

F86 Words in Art. 19(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(d) (with regs. 53, 55)

F87 Words in Art. 19(6)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(e) (with regs. 53, 55)

F88 Words in Art. 19(7) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(18)(f) (with regs. 53, 55)

F89 Article 20 U.K. Reports on measures taken in accordance with Articles 17, 18 and 19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 Art. 20 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(19) (with regs. 53, 55)

Article 21 U.K. Amendment of Annex II

[F90 The appropriate authority may by regulations amend] Annex II in order to adapt it to the development of scientific and technical knowledge and of relevant international standards.

Textual Amendments

F90 Words in Art. 21 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(20) (with regs. 53, 55)

Article 22 U.K. Surveys on [F91 GB] quarantine pests and pests provisionally qualifying as [F91 GB] quarantine pests

1. [F92 The competent authorities] shall carry out risk-based surveys [F93 in the territories for which they are responsible], over specific periods of time, checking at least for:

(a) the presence of any [F94 GB] quarantine pest; and

(b) signs or symptoms of any [F95 provisional GB quarantine pest or any pest which is subject to measures pursuant to Article 29(2A)].

Those surveys shall take place in all areas where the pest concerned was not known to be present.

F96 ...

2. The design of the surveys referred to in paragraph 1 shall be based on the risk that the pest occurs in the area covered by each survey. They shall consist, at least, of visual examinations by the competent authority [F97 carrying out the survey] and, where appropriate, the collection of samples and performance of tests. Those surveys shall be carried out in all appropriate locations and shall include, where appropriate, premises, vehicles, machinery and packaging used by professional operators and other persons. They shall be based on sound scientific and technical principles and shall be carried out at appropriate times with regard to the possibility to detect the pest concerned.

Those surveys shall take account of scientific and technical evidence, and any other appropriate information, concerning the presence of the pests concerned.

F98 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Word in Art. 22 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(21)(a) (with regs. 53, 55)

F92 Words in Art. 22(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(21)(b)(i)(aa) (with regs. 53, 55)

F93 Words in Art. 22(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(21)(b)(i)(bb) (with regs. 53, 55)

F94 Word in Art. 22(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(21)(b)(ii) (with regs. 53, 55)

F95 Words in Art. 22(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(21)(b)(iii) (with regs. 53, 55)

F96 Words in Art. 22(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(21)(b)(iv) (with regs. 53, 55)

F97 Words in Art. 22(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(21)(c) (with regs. 53, 55)

F98 Art. 22(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(21)(d) (with regs. 53, 55)

Article 23 U.K. Multiannual survey programmes and collection of information

1. [F99 The competent authorities] shall establish multiannual survey programmes setting out the content of the surveys to be carried out pursuant to Article 22. Those programmes shall provide for the collection and recording of the scientific and technical evidence and other information referred to in the second subparagraph of Article 22(2).

The multiannual survey programmes shall include the following elements in conformity with Article 22(2):

(a) the specific objective of each survey;

(b) the scope of each survey as regards the area concerned and the time scale covered, as well as the pests, plants and commodities targeted;

(c) the survey methodology and quality management including a description of the procedures for visual examination, sampling and testing and their technical justification;

(d) the timing, frequency and numbers of scheduled visual examinations, samples and tests; and

(e) the methods of recording and reporting the information collected.

The multiannual survey programmes shall be for a period of five to seven years.

F100 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Words in Art. 23(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(22)(a) (with regs. 53, 55)

F100 Art. 23(2)(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(22)(b) (with regs. 53, 55)

Article 24 U.K. Surveys of priority pests

1. For each priority pest, [F101 the competent authorities] shall carry out a survey annually, as set out in Article 22(1) and (2). Those surveys shall include a sufficiently high number of visual examinations, sampling and testing, as appropriate for each priority pest, to ensure, as far as it is possible given the respective biology of each priority pest and the ecoclimatic conditions, with a high degree of confidence, the timely detection of those pests.

F102 ...

F103 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Words in Art. 24(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(23)(a)(i) (with regs. 53, 55)

F102 Words in Art. 24(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(23)(a)(ii) (with regs. 53, 55)

F103 Art. 24(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(23)(b) (with regs. 53, 55)

Article 25 U.K. Contingency plans for priority pests

1. Each [F104 competent authority] shall draw up and keep up to date for each priority pest which is capable of entering into and becoming established in [F105 Great Britain] a separate plan containing information concerning the decision-making processes, procedures and protocols to be followed, and the minimum resources to be made available and the procedures to make available further resources in the event of an officially confirmed or suspected presence of that pest (‘the contingency plan’).

[F106 The competent authorities] shall, at an appropriate stage, consult all relevant stakeholders in the process of drawing up and keeping up to date the contingency plans.

F107 ...

2. Each contingency plan shall include the following:

[F44 (a) the roles and responsibilities of the bodies involved in the execution of the plan, in case of a confirmed or suspected presence of the priority pest concerned, as well as the chain of command and procedures for the co-ordination of actions to be taken by [F108 the competent authority], other public authorities, as referred to in Article 4(2) of Regulation [X1 (EU) 2017/625], delegated bodies or natural persons involved, as referred to in Article 28(1) of that Regulation, laboratories and professional operators F109 ...;]

(b) access of [F110 the competent authority] to premises of professional operators, other relevant operators and natural persons;

(c) access of [F111 the competent authority], where necessary, to laboratories, equipment, personnel, external expertise and resources necessary for the rapid and effective eradication or, where appropriate, containment of the priority pest concerned;

(d) measures to be taken concerning the provision of information to F112 ... the professional operators concerned and the public as regards the presence of the priority pest concerned and the measures taken against it in the event that the presence of the pest concerned is officially confirmed or suspected;

(e) arrangements for recording findings of the presence of the priority pest concerned;

(f) the available assessments as set out in Article 6(2) F113 ... ;

(g) the risk management measures to be taken as regards the priority pest concerned, in accordance with Section 1 of Annex II, and the procedures to be followed;

(h) principles for the geographical demarcation of demarcated areas;

(i) protocols describing the methods of visual examinations, sampling and laboratory testing; and

(j) principles concerning the training of personnel of the competent [F114 authority] and, where appropriate, the bodies, public authorities, laboratories, professional operators and other persons referred to in point (a).

Where appropriate, the items referred to in points (d) to (j) of the first subparagraph shall take the form of instruction manuals.

3. Contingency plans may be combined for multiple priority pests with similar biology and range of host species. In those cases, the contingency plan shall consist of a general part common to all priority pests covered by it and of specific parts for each priority pest concerned.

[F115 4. The competent authorities must, before 1st January 2023, establish contingency plans for the priority pests included in the list of priority pests in the Annex to Commission Delegated Regulation (EU) 2019/1702, as it has effect on IP completion day.]

[F116 4A. Paragraph 4 does not apply in relation to any priority pest that is removed from that list before 1st January 2023.]

[F117 4B.] Within one year from the date of the inclusion of any further pest concerned in the list of priority pests, [F118 the competent authorities] shall establish [F119 contingency plans] for that priority pest.

[F120 4C.] [F121 The competent authorities] shall regularly review and, where appropriate, update their contingency plans.

F122 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F104 Words in Art. 25(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(a)(i)(aa) (with regs. 53, 55)

F105 Words in Art. 25(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(a)(i)(bb) (with regs. 53, 55)

F106 Words in Art. 25(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(a)(ii) (with regs. 53, 55)

F107 Words in Art. 25(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(a)(iii) (with regs. 53, 55)

F108 Words in Art. 25(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(b)(i)(aa) (with regs. 53, 55)

F109 Words in Art. 25(2)(a) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(b)(i)(bb) (with regs. 53, 55)

F110 Words in Art. 25(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(b)(ii) (with regs. 53, 55)

F111 Words in Art. 25(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(b)(ii) (with regs. 53, 55)

F112 Words in Art. 25(2)(d) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(b)(iii) (with regs. 53, 55)

F113 Words in Art. 25(2)(f) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(b)(iv) (with regs. 53, 55)

F114 Word in Art. 25(2)(j) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(b)(v) (with regs. 53, 55)

F115 Words in Art. 25(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(c)(i) (with regs. 53, 55)

F116 Art. 25(4A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(c)(ii) (with regs. 53, 55)

F117 Words in in Art. 25(4) renumbered as Art. 25(4B) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(c)(iii) (with regs. 53, 55)

F118 Words in Art. 25(4B) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(c)(iv)(aa) (with regs. 53, 55)

F119 Words in Art. 25(4B) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(c)(iv)(bb) (with regs. 53, 55)

F120 Words in Art. 25(4) renumbered as Art. 25(4C) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(c)(v) (with regs. 53, 55)

F121 Words in Art. 25(4C) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(c)(vi) (with regs. 53, 55)

F122 Art. 25(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(24)(d) (with regs. 53, 55)

Article 26 U.K. Simulation exercises for priority pests

1. [F123 The competent authorities] shall carry out simulation exercises [F124 in the territories for which they are responsible] concerning the implementation of the contingency plans at intervals set according to the biology of the priority pest or pests concerned and the risk posed by that pest or those pests.

Those exercises shall take place with regard to all priority pests concerned within a reasonable period of time and with the involvement of the relevant stakeholders.

Those exercises shall not be required where F125 ... measures for the eradication of the pest or pests concerned [F126 have recently been taken].

F127 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123 Words in Art. 26(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(25)(a)(i)(aa) (with regs. 53, 55)

F124 Words in Art. 26(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(25)(a)(i)(bb) (with regs. 53, 55)

F125 Words in Art. 26(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(25)(a)(ii)(aa) (with regs. 53, 55)

F126 Words in Art. 26(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(25)(a)(ii)(bb) (with regs. 53, 55)

F127 Art. 26(2)(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(25)(b) (with regs. 53, 55)

Article 27 U.K. Action plans for priority pests

1. Where the presence of a priority pest is officially confirmed in [F128 Great Britain] pursuant to Article 10, the competent authority [F129 for the territory in which it has been found to be present] shall immediately adopt a plan (the ‘action plan’) setting out the measures for the eradication of that pest F130 ... or its containment F131 ..., as well as a time schedule for the application of those measures.

The action plan shall include a description of the design and organisation of the surveys to be carried out and set out the number of visual examinations, samples to be taken and laboratory tests to be carried out, as well as the methodology to be applied for the examination, sampling and testing.

The action plan shall be based on the relevant contingency plan and shall be immediately communicated by the competent authority to the professional operators concerned.

F132 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128 Words in Art. 27(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(26)(a)(i) (with regs. 53, 55)

F129 Words in Art. 27(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(26)(a)(ii) (with regs. 53, 55)

F130 Words in Art. 27(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(26)(a)(iii) (with regs. 53, 55)

F131 Words in Art. 27(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(26)(a)(iv) (with regs. 53, 55)

F132 Art. 27(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(26)(b) (with regs. 53, 55)

Article 28 U.K. [F133 GB] measures for specific [F133 GB] quarantine pests

1. [F134 The appropriate authority may by regulations set out measures against specific GB quarantine pests. The provision that may be made in those regulations may include, in relation to a specific GB quarantine pest, provision:]

(a) F135 ... concerning [F136 the] measures to be taken in the event of suspicion and official confirmation by competent authorities of the presence of that [F137 GB] quarantine pest;

(b) F138 ... concerning [F139 the] measures to be taken immediately by professional operators;

(c) F140 ... concerning [F141 the] measures to be taken by persons other than professional operators;

[F142 (d) concerning the eradication of that GB quarantine pest;]

[F143 (da) concerning the containment of that GB quarantine pest;]

(e) F144 ... concerning [F145 the] establishment of demarcated areas;

(f) F146 ... concerning surveys and modifications of demarcated areas and lifting of restrictions;

[F147 (g) concerning surveys of that GB quarantine pest;]

[F148 (ga) concerning prevention measures in areas outside demarcated areas where necessary to prevent the establishment of that GB quarantine pest in those areas;]

[F149 (h) in the case of a GB quarantine pest which is a priority pest:

(i) concerning surveys for that priority pest, as regards the number of visual examinations, samples and tests for the priority pest;

(ii) concerning contingency plans for that priority pest;

(iii) concerning simulation exercises for that priority pest;

(iv) concerning action plans for that priority pest.]

F150 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F151 ...

[F152 2. Regulations under paragraph 1 may only make provision under point (da) of that paragraph if the appropriate authority has concluded, on the basis of surveys or other evidence, that the eradication of the GB quarantine pest in a demarcated area is not possible.]

F153 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F154 4. Regulations made under paragraph 1 may include any of the measures specified in Annex 2, taking into account the specific risks of the GB quarantine pest to which the regulations relate and any specific eco-climatic conditions and risks as regards any part of Great Britain.]

F155 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F155 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F155 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F133 Word in Art. 28 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(a) (with regs. 53, 55)

F134 Words in Art. 28(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(i) (with regs. 53, 55)

F135 Words in Art. 28(1)(a) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(ii)(aa) (with regs. 53, 55)

F136 Word in Art. 28(1)(a) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(ii)(bb) (with regs. 53, 55)

F137 Word in Art. 28(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(ii)(cc) (with regs. 53, 55)

F138 Words in Art. 28(1)(b) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(iii)(aa) (with regs. 53, 55)

F139 Word in Art. 28(1)(b) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(iii)(bb) (with regs. 53, 55)

F140 Words in Art. 28(1)(c) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(iv)(aa) (with regs. 53, 55)

F141 Word in Art. 28(1)(c) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(iv)(bb) (with regs. 53, 55)

F142 Art. 28(1)(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(v) (with regs. 53, 55)

F143 Art. 28(1)(da) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(vi) (with regs. 53, 55)

F144 Words in Art. 28(1)(e) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(vii)(aa) (with regs. 53, 55)

F145 Word in Art. 28(1)(e) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(vii)(bb) (with regs. 53, 55)

F146 Words in Art. 28(1)(f) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(viii) (with regs. 53, 55)

F147 Art. 28(1)(g) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(ix) (with regs. 53, 55)

F148 Art. 28(1)(ga) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(x) (with regs. 53, 55)

F149 Art. 28(1)(h) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(xi) (with regs. 53, 55)

F150 Art. 28(1)(i)-(k) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(xii) (with regs. 53, 55)

F151 Words in Art. 28 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(b)(xiii) (with regs. 53, 55)

F152 Art. 28(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(c) (with regs. 53, 55)

F153 Art. 28(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(d) (with regs. 53, 55)

F154 Art. 28(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(e) (with regs. 53, 55)

F155 Art. 28(5)-(7) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(27)(f) (with regs. 53, 55)

Article 29 U.K. Measures by [F156 competent authorities] concerning pests not listed as [F157 GB] quarantine pests

1. [F158 Where the presence of a pest that is not included in Annex 2 or 2A to the Phytosanitary Conditions Regulation is officially confirmed to be present in a part of Great Britain, and the competent authority considers that the pest may fulfil the conditions for inclusion in Annex 2 to the Phytosanitary Conditions Regulation, the competent authority must immediately assess whether the pest fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 and notify the other competent authorities of its conclusion.]. If it concludes that those criteria are fulfilled, it shall immediately take eradication measures in accordance with Annex II. Articles 17 to [F159 19] shall apply.

Where it is concluded, on the basis of the surveys referred to in Article 19 or other evidence, that the eradication of a pest in a demarcated area is not possible, Article 28(2) shall apply mutatis mutandis.

Where the presence of a pest fulfilling the criteria referred to in the first subparagraph is officially confirmed in a consignment of plants, plant products or other objects introduced into, or moved within, [F160 Great Britain, the competent authority] shall take the necessary measures to prevent the entry of that pest into, and its establishment and spread in, [F161 the territory for which it is responsible].

Where a [F162 competent authority] suspects the presence in its territory of a pest fulfilling the criteria referred to in the first subparagraph, Article 10 shall apply mutatis mutandis.

Pending the official confirmation of the presence of that pest, the [F163 competent authority] shall, where appropriate, take phytosanitary measures to mitigate the risk of it spreading.

[F164 2. The competent authority must notify the other competent authorities of the measures that it has taken pursuant to paragraph 1 and the competent authorities must promptly assess whether the pest concerned fulfils the criteria for quarantine pests set out in Section 1 of Annex 1.]

[F165 2A. Each competent authority must ensure that interim measures are taken in relation to the pest where it is present in its territory or in a consignment of plants, plant products or other objects introduced into, or moved within, its territory until:

(a) a risk assessment has been carried out which shows that the pest does not fulfil the criteria set out in Subsection 1 of Section 3 of Annex 1; or

(b) regulations in relation to the pest have been made under Article 30(1).

2B. In paragraph 2A, ‘interim measures’, in relation to a pest which has been provisionally assessed, in accordance with paragraph 2, as fulfilling the criteria set out in Subsection 1 of Section 3 of Annex 1, means any of the following measures insofar as they are relevant:

(a) official confirmation of the presence of the pest where its presence is suspected;

(b) pending official confirmation of the presence of the pest, phytosanitary measures to mitigate the risk of the pest spreading;

(c) where the pest is officially confirmed to be present, eradication measures equivalent to the measures specified in Articles 17 to 19 in relation to GB quarantine pests or, if it is concluded, on the basis of the surveys referred to in Article 19 or other evidence, that the eradication of the pest in a demarcated area is not possible, containment measures; and

(d) any other measures which are necessary or appropriate to prevent the entry of that pest into Great Britain, or its establishment or spread within Great Britain, including risk-based surveys to check for signs and symptoms of that pest.]

F166 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F156 Words in Art. 29 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(a)(i) (with regs. 53, 55)

F157 Word in Art. 29 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(a)(ii) (with regs. 53, 55)

F158 Words in Art. 29(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(b)(i)(aa) (with regs. 53, 55)

F159 Word in Art. 29(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(b)(i)(bb) (with regs. 53, 55)

F160 Words in Art. 29(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(b)(ii)(aa) (with regs. 53, 55)

F161 Words in Art. 29(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(b)(ii)(bb) (with regs. 53, 55)

F162 Words in Art. 29(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(b)(iii) (with regs. 53, 55)

F163 Words in Art. 29(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(b)(iv) (with regs. 53, 55)

F164 Art. 29(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(c) (with regs. 53, 55)

F165 Art. 29(2A)(2B) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(d) (with regs. 53, 55)

F166 Art. 29(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(28)(e) (with regs. 53, 55)

Article 30 U.K. [F167 Measures concerning provisional GB quarantine pests]

[F168 A1. In this Article, ‘provisional GB quarantine pest’ means a pest which is not included in the list of GB quarantine pests in Annex 2 to the Phytosanitary Conditions Regulation, but which, according to an appropriate assessment, meets the criteria set out in Subsection 2 of Section 3 of Annex 1 and is listed in Annex 2A to the Phytosanitary Conditions Regulation.

A2. A provisional GB quarantine pest may not be introduced into, moved within, or held, multiplied or released in, Great Britain.]

[F169 1. The appropriate authority may by regulations:

(a) modify Annex 2A to the Phytosanitary Conditions Regulation where the results of an assessment show, in respect of Great Britain, that a pest which is not included in that Annex fulfils the criteria set out Subsection 2 of Section 3 of Annex 1, or that a pest which is included in that Annex no longer fulfils those criteria or fulfils the criteria in Article 3;

(b) make temporary provision for the purposes of preventing the introduction of a provisional GB quarantine pest into Great Britain, or the spread of a provisional GB quarantine pest within Great Britain.]

[F170 1A. Regulations under paragraph 1 may include, in relation to a pest which is listed, or is to be listed, in Annex 2A, provision concerning:

(a) measures to be taken in the event of suspicion and official confirmation by competent authorities of the presence of that pest;

(b) measures to be taken immediately by professional operators;

(c) measures to be taken by persons other than professional operators;

(d) the eradication of that pest;

(e) the containment of that pest;

(f) the establishment of demarcated areas;

(g) surveys and modifications of demarcated areas and lifting of restrictions;

(h) surveys of that pest;

(i) prevention measures in areas outside demarcated areas where necessary to protect the establishment of that pest in those areas.]

F171 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F172 3. Regulations under paragraph 1 may only make provision under point (e) of paragraph 1A if the appropriate authority has concluded, on the basis of the surveys or other evidence, that the eradication of the pest in a demarcated area is not possible.]

F173 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F174 5. Regulations under paragraph 1 may include any of the measures specified in Annex 2, taking into account the specific risks of the pest.]

F175 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167 Art. 30 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(a) (with regs. 53, 55)

F168 Art. 30(A1)(A2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(b) (with regs. 53, 55)

F169 Art. 30(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(c) (with regs. 53, 55)

F170 Art. 30(1A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(d) (with regs. 53, 55)

F171 Art. 30(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(e) (with regs. 53, 55)

F172 Art. 30(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(f) (with regs. 53, 55)

F173 Art. 30(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(g) (with regs. 53, 55)

F174 Art. 30(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(h) (with regs. 53, 55)

F175 Art. 30(6)-(8) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(29)(i) (with regs. 53, 55)

Article 31 U.K. More stringent requirements F176 ...

1. [F177 The competent authorities may apply within their respective territories more stringent measures than those specified in regulations made under Article 28(1) or 30(1)], if justified by the objective of phytosanitary protection and in accordance with the principles set out in Section 2 of Annex II.

Those more stringent measures shall not impose, or result in, any prohibitions or restrictions on the introduction into, or movement within and through, [F178 Great Britain] of plants, plant products and other objects, other than those imposed by [F179 , or under,] Articles 40 to 58 and 71 to [F180 101].

F181 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F176 Words in Art. 31 heading omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(30)(a) (with regs. 53, 55)

F177 Words in Art. 31(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(30)(b)(i) (with regs. 53, 55)

F178 Words in Art. 31(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(30)(b)(ii)(aa) (with regs. 53, 55)

F179 Words in Art. 31(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(30)(b)(ii)(bb) (with regs. 53, 55)

F180 Word in Art. 31(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(30)(b)(ii)(cc) (with regs. 53, 55)

F181 Art. 31(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(30)(c) (with regs. 53, 55)

Textual Amendments

F12 Word in Ch. 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(2) (with regs. 53, 55)

Section 3 U.K. [F182 PFA] quarantine pests

Article 32 U.K. Recognition of [F183 GB pest-free areas]

[F184 1. ‘A PFA quarantine pest’ is a pest which:

(a) is present in Great Britain but not in a part of Great Britain that is recognised as free of that pest in accordance with ISPM4; and

(b) is listed in column (1) of the table in Annex 3 to the Phytosanitary Conditions Regulation.]

2. [F185 A PFA quarantine pest may not be introduced into, moved within, or held, multiplied or released in, any GB pest-free area established in respect of that PFA quarantine pest, and described in the corresponding entry in column (2) of the table in Annex 3 to the Phytosanitary Conditions Regulation.]

Article 8 shall apply mutatis mutandis to the introduction into, movement within, and holding and multiplication in, [F186 a GB pest-free area of the PFA quarantine pest in respect of which the area was established].

3. F187 ...

[F188 The appropriate authority may by regulations modify Annex 3 to the Phytosanitary Conditions Regulation where:

(a) a pest is no longer recognised as a PFA quarantine pest;

(b) any additional GB pest-free area is recognised in relation to a PFA quarantine pest;

(c) the extent of an existing GB pest-free area has been altered; or

(d) an existing GB pest-free area is no longer recognised as free from the PFA quarantine pest in respect of which the area was established.]

F189 ...

F189 ...

F190 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F183 Words in Art. 32 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(a) (with regs. 53, 55)

F184 Art. 32(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(b) (with regs. 53, 55)

F185 Words in Art. 32(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(c)(i) (with regs. 53, 55)

F186 Words in Art. 32(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(c)(ii) (with regs. 53, 55)

F187 Words in Art. 32(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(d)(i) (with regs. 53, 55)

F188 Words in Art. 32(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(d)(ii) (with regs. 53, 55)

F189 Words in Art. 32(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(d)(iii) (with regs. 53, 55)

F190 Art. 32(4)-(7) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(32)(e) (with regs. 53, 55)

Article 33 U.K. General obligations concerning [F191 GB pest-free areas]

1. With regard to a [F192 GB pest-free area], the obligations set out in Articles 9 to 19 shall apply mutatis mutandis to the [F193 relevant PFA] quarantine pest.

[F194 2. Where a PFA quarantine pest is found to be present in a GB pest-free area established in respect of that PFA quarantine pest and the competent authority has established a demarcated area in response to its presence, any plant, plant product or other object originating in the demarcated area may only be moved from that demarcated area into the remaining part of that GB pest-free area or into any other GB pest-free area established in respect of that PFA quarantine pest if its movement has been authorised by, or on behalf of, the competent authority by notice.

2A. By way of derogation from paragraph 2, a plant, plant product or other object may be moved out of that demarcated area and through and out of the GB pest-free area concerned if it is packed and moved in such a way that there is no risk of spreading the relevant PFA quarantine pest within the GB pest-free area.]

F195 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F191 Words in Art. 33 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(33)(a) (with regs. 53, 55)

F192 Words in Art. 33(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(33)(b)(i) (with regs. 53, 55)

F193 Words in Art. 33(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(33)(b)(ii) (with regs. 53, 55)

F194 Art. 33(2)(2A) substituted for Art. 33(2) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(33)(c) (with regs. 53, 55)

F195 Art. 33(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(33)(d) (with regs. 53, 55)

Article 34 U.K. Surveys on [F196 PFA] quarantine pests

[F197 1. The competent authorities must carry out annual surveys of each GB pest-free area within their respective territories as regards the presence of the PFA quarantine pests in respect of which those areas have been established.]

[F198 1A. The appropriate authority may by regulations supplement this Regulation by laying down detailed rules for the preparation and the content of the surveys referred to in paragraph 1.]

F199 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F196 Word in Art. 34 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(34)(a) (with regs. 53, 55)

F197 Words in Art. 34(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(34)(b)(i) (with regs. 53, 55)

F198 Art. 34(1A) substituted for words in Art. 34(1) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(34)(b)(ii) (with regs. 53, 55)

F199 Art. 34(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(34)(c) (with regs. 53, 55)

F200 Article 35 U.K. Amendment of extent and revocation of recognition of protected zones

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200 Art. 35 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(35) (with regs. 53, 55)

Textual Amendments

F182 Word in Ch. 2 Section 3 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 27(31) (with regs. 53, 55)

CHAPTER III U.K. [F201 GB] regulated non-quarantine pests

Article 36 U.K. Definition of [F202 GB] regulated non-quarantine pests

A pest is a ‘[F203 GB] regulated non-quarantine pest’ if it fulfils all of the following conditions and it is included in [F204 column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation]:

(a)

its identity is established in accordance with point (1) of Section 4 of Annex I;

(b)

it is present in [F205 Great Britain];

(c)

it is not a [F206 GB] quarantine pest or a [F207 provisional GB quarantine pest];

(d)

it is transmitted mainly through specific plants for planting, in accordance with point (2) of Section 4 of Annex I;

(e)

its presence on those plants for planting has an unacceptable economic impact, as regards the intended use of those plants for planting, in accordance with point (3) of Section 4 of Annex I;

(f)

feasible and effective measures are available to prevent its presence on the plants for planting concerned.

Textual Amendments

F202 Word in Art. 36 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(a) (with regs. 53, 55)

F203 Word in Art. 36 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(i)(aa) (with regs. 53, 55)

F204 Words in Art. 36 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(i)(bb) (with regs. 53, 55)

F205 Words in Art. 36(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(ii) (with regs. 53, 55)

F206 Word in Art. 36(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(iii)(aa) (with regs. 53, 55)

F207 Words in Art. 36(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(3)(b)(iii)(bb) (with regs. 53, 55)

Article 37 U.K. Prohibition of the introduction and movement of [F208 GB] regulated non-quarantine pests on plants for planting

1. [F209 A professional operator may not introduce a GB regulated non-quarantine pest into Great Britain, or move a GB regulated non-quarantine pest within Great Britain, on the plants for planting through which it is transmitted, as specified in the entries in respect of that pest in column (2) of the tables in Annex 4 to the Phytosanitary Conditions Regulation, if the presence of that pest on those plants for planting exceeds the thresholds specified in those tables in respect of that pest and those plants for planting.]

The prohibition laid down in the first subparagraph shall not apply in the following cases:

(a) movement of plants for planting within, or between, the premises of the professional operator concerned;

(b) movement of plants for planting necessary for their disinfection.

F210 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F210 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F210 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F211 4A. A professional operator may not introduce into Great Britain, or move within Great Britain, any plants for planting referred to in Annex 5 to the Phytosanitary Conditions Regulation, unless the measures specified in that Annex in respect of those plants for planting to prevent the presence of the GB regulated non-quarantine pests have been taken. ]

[F212 5. The appropriate authority may by regulations modify Annex 4 or 5 to the Phytosanitary Conditions Regulation where the results of an assessment show that:

(a) a pest not listed in column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation fulfils the conditions referred to in Article 36;

(b) a pest listed in column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation no longer fulfils one or more of the conditions referred to in Article 36; or

(c) amendments to Annex 4 or 5 to the Phytosanitary Conditions Regulation are necessary as regards the categories referred to in paragraph 7 of this Article or the thresholds referred to in paragraph 8 of this Article.]

[F213 5A. The appropriate authority may by regulations modify Annex 5 to the Phytosanitary Conditions Regulation to make provision as to the measures to be taken to prevent the presence of a GB regulated non-quarantine pest on the plants for planting concerned.

5B. Regulations under paragraph 5A may specify whether the measures are to apply to the introduction of the plants for planting into Great Britain, the movement of those plants for planting within Great Britain, or both.

5C. Any measures specified in regulations under paragraph 5A must be consistent with the principles set out in Section 2 of Annex 2 to this Regulation and are to apply in addition to the measures specified in the relevant legislation on the marketing of seeds and other propagating material.]

F214 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. Where point (e) of Article 36 is only fulfilled for one or more of the [F215 categories of] pre-basic, basic, or certified material, seed or seed potatoes, or standard or CAC material or seed, as referred to in [F216 the relevant legislation on the marketing of seeds and other propagating material, the tables in Annex 4 to the Phytosanitary Conditions Regulation must include] those categories F217 ...

8. Where point (e) of Article 36 is only fulfilled if the pest concerned is present at an incidence above a certain threshold higher than zero, [F218 the tables in Annex 4 to the Phytosanitary Conditions Regulation must include that threshold].

Such a threshold shall only be [F219 included] if both of the following points are fulfilled:

(a) it is possible for professional operators to ensure that the incidence of that [F220 GB] regulated non-quarantine pest on those plants for planting does not exceed that threshold;

(b) it is possible to verify whether that threshold is not exceeded in lots of those plants for planting.

The principles for the management of the risk of pests set out in Section 2 of Annex II shall apply.

9. Article 31 shall apply mutatis mutandis to the measures to be taken by the [F221 competent authorities] concerning [F222 GB] regulated non-quarantine pests and the respective plants for planting.

Textual Amendments

F208 Word in Art. 37 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(a) (with regs. 53, 55)

F209 Words in Art. 37(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(b) (with regs. 53, 55)

F210 Art. 37(2)-(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(c) (with regs. 53, 55)

F211 Art. 37(4A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(d) (with regs. 53, 55)

F212 Art. 37(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(e) (with regs. 53, 55)

F213 Art. 37(5A)-(5C) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(f) (with regs. 53, 55)

F214 Art. 37(6) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(g) (with regs. 53, 55)

F215 Words in Art. 37(7) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(h)(i) (with regs. 53, 55)

F216 Words in Art. 37(7) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(h)(ii) (with regs. 53, 55)

F217 Words in Art. 37(7) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(h)(iii) (with regs. 53, 55)

F218 Words in Art. 37(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(i)(i) (with regs. 53, 55)

F219 Words in Art. 37(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(i)(ii)(aa) (with regs. 53, 55)

F220 Words in Art. 37(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(i)(ii)(bb) (with regs. 53, 55)

F221 Words in Art. 37(9) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(j)(i) (with regs. 53, 55)

F222 Word in Art. 37(9) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(4)(j)(ii) (with regs. 53, 55)

Article 38 U.K. Amendment of Section 4 of Annex I

The [F223 appropriate authority may by regulations amend] Section 4 of Annex I in order to adapt it to the development of scientific and technical knowledge and of relevant international standards.

Textual Amendments

F223 Words in Art. 38 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(5) (with regs. 53, 55)

Article 39 U.K. [F224 GB] regulated non-quarantine pests used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions

The prohibition provided for in Article 37 shall not apply to [F225 GB] regulated non-quarantine pests which are present on plants for planting used for scientific or educational purposes, trials, varietal selection, breeding or exhibitions.

Textual Amendments

F224 Word in Art. 39 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(6)(a) (with regs. 53, 55)

F225 Word in Art. 39 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(6)(b) (with regs. 53, 55)

Textual Amendments

F201 Word in Ch. 3 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 28(2) (with regs. 53, 55)

CHAPTER IV U.K. Measures concerning plants, plant products and other objects

Section 1 U.K. Measures relating to [F226 Great Britain]

Article 40 U.K. Prohibition of the introduction of plants, plant products and other objects into [F227 Great Britain]

[F228 1. Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and C of Annex 6 to the Phytosanitary Conditions Regulation may not be introduced into Great Britain if they originate from any third country listed in the corresponding entry in column (2) of those tables.]

F229 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F230 3. The appropriate authority may by regulations amend Parts A and C of Annex 6 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object originating in or dispatched from a third country.

3A. For the purposes of paragraph 3, an amendment is appropriate if, on the basis of the risk assessment, it is concluded:

(a) in the case of a plant, plant product or other object which is not included in Part A or C of Annex 6 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which cannot be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or

(b) in the case of a plant, plant product or other object which is included in Part A or C of Annex 6 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object no longer poses a pest risk of an unacceptable level, or that it continues to pose a pest risk of an unacceptable level, but that the risk can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2.

3B. A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3A if the risk assessment shows that the plant, plant product or other object may host a GB quarantine pest and, in determining the acceptability of the level of pest risk, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2, where appropriate with regard to one or more specific third countries.]

F231 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F227 Words in Art. 40 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(3)(a) (with regs. 53, 55)

F228 Art. 40(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(3)(b) (with regs. 53, 55)

F229 Art. 40(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(3)(c) (with regs. 53, 55)

F230 Art. 40(3)-(3B) substituted for Art. 40(3) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(3)(d) (with regs. 53, 55)

F231 Art. 40(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(3)(e) (with regs. 53, 55)

Article 41 U.K. Plants, plant products and other objects subject to special and equivalent requirements

[F232 1. Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and B of Annex 7 to the Phytosanitary Conditions Regulation, and which originate in a third country listed in the corresponding entry in column (2) of those tables may only be introduced into, or moved within, Great Britain if the special requirements specified in the corresponding entry in column (3) of those tables are fulfilled.

1A. Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and B of Annex 8 to the Phytosanitary Conditions Regulation, and which originate in a CD territory, may only be introduced into Great Britain if the special requirements specified in the corresponding entry in column (2) of those tables are fulfilled.

1B. Plants, plant products or other objects of a description specified in any entry in column (1) of the tables in Parts A and B of Annex 8 to the Phytosanitary Conditions Regulation, and which originate in Great Britain or a CD territory, may only be moved within Great Britain if the special requirements specified in the corresponding entry in column (2) of those tables are fulfilled.]

F233 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F234 3. The appropriate authority may by regulations amend Annex 7 or 8 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object.

3A. For the purposes of paragraph 3, an amendment is appropriate if, on the basis of the risk assessment, it is concluded:

(a) in the case of a plant, plant product or other object which originates in a third country and is not included in Part A or B of Annex 7 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2;

(b) in the case of a plant, plant product or other object which originates in a third country and is included in Part A or B of Annex 7 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can no longer be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, or that the pest risk can continue to be reduced to an acceptable level by applying alternative measures to those specified in relation to the plant, plant product or other object in Annex 7 to the Phytosanitary Conditions Regulation;

[F235 (ba) in the case of a plant, plant product or other object which originates in a third country and is included in Part B of Annex 7 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object continues to pose a pest risk which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, and the plant, plant product or other object and those measures can be included in Part A, instead of in Part B, of Annex 7 to the Phytosanitary Conditions Regulation;]

(c) in the case of a plant, plant product or other object which originates in Great Britain or a CD territory and is not included in Annex 8 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or

(d) in the case of a plant, plant product or other object which originates in Great Britain or a CD territory and is included in Annex 8 to the Phytosanitary Conditions Regulation F236 ..., that the plant, plant product or other object poses a pest risk of an unacceptable level which can no longer be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, or that the pest risk can continue to be reduced to an acceptable level by applying alternative measures to those specified in relation to the plant, plant product or other object in [F237 Annex 8 to the Phytosanitary Conditions Regulation;]

[F238 (e) in the case of a plant, plant product or other object which originates in Great Britain or a CD territory and is included in Part B of Annex 8 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object continues to pose a pest risk which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, and the plant, plant product or other object and those measures can be included in Part A, instead of in Part B, of Annex 8 to the Phytosanitary Conditions Regulation.]

3B. A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3A if the risk assessment shows that the plant, plant product or other object may host a GB quarantine pest and, in determining the acceptability of the level of pest risk and the measures to reduce that risk to an acceptable level, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2, where appropriate with regard to one or more specific third countries or parts of specific third countries.]

[F44 4. In the event that plants, plant products or other objects have been introduced into, or moved within, [F239 Great Britain] in violation of paragraph 1 of this Article, [F240 the competent authority] shall adopt the necessary measures, as referred to in Article 66(3) of Regulation [X1 (EU) 2017/625]F241 ...

F242 ...]

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F232 Art. 41(1)-(1B) substituted for Art. 41(1) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(a) (with regs. 53, 55)

F233 Art. 41(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(b) (with regs. 53, 55)

F234 Art. 41(3)-(3B) substituted for Art. 41(3) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(c) (with regs. 53, 55)

F235 Art. 41(3A)(ba) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(5)(a)

F236 Words in Art. 41(3A)(d) omitted (27.1.2021) by virtue of The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(5)(b)(i)

F237 Words in Art. 41(3A)(d) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(5)(b)(ii)

F238 Art. 41(3A)(e) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(5)(c)

F239 Words in Art. 41(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(d)(i)(aa) (with regs. 53, 55)

F240 Words in Art. 41(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(d)(i)(bb) (with regs. 53, 55)

F241 Words in Art. 41(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(d)(i)(cc) (with regs. 53, 55)

F242 Words in Art. 41(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(4)(d)(ii) (with regs. 53, 55)

Article 42 U.K. Restrictions on the basis of a preliminary assessment for the introduction into [F243 Great Britain] of high-risk plants, plant products and other objects

1. A plant, plant product or other object originating in a third country F244 ... which, on the basis of a preliminary assessment, presents a pest risk of an unacceptable level for [F245 Great Britain] is a ‘high-risk plant’, ‘high-risk plant product’ or ‘high-risk other object’ (‘high-risk plants, plant products or other objects’).

That preliminary assessment shall take into account, as appropriate for the plant, plant product or other object concerned, [F246 any existing prohibitions or requirements that apply to that plant, plant product or object by virtue of Article 40, or 41 or any measures in regulations made under Article 49(1), and] the criteria set out in Annex III.

[F247 2. High-risk plants, plant products or other objects listed in Part B of Annex 6 to the Phytosanitary Conditions Regulation may not be introduced into Great Britain from the third countries, groups of third countries or specific areas of third countries of origin specified in respect of those plants, plant products or other objects in that list.]

3. [F248 The appropriate authority may by regulations amend Part B of Annex 6 to the Phytosanitary Conditions Regulation to include at the appropriate taxonomic level, pending the risk assessment referred to in paragraph 4, additional high-risk plants, plant products or other objects and, where appropriate, the third countries, groups of third countries or specific areas of third countries of origin in respect of those plants, plant products or other objects.]

F249 ...

F249 ...

[F250 4. Where a risk assessment in relation to a high-risk plant, plant product or other object originating in any third country has been completed, the appropriate authority must by regulations amend the list of high-risk plants, plant products or other objects in Part B of Annex 6 to the Phytosanitary Conditions Regulation to remove the third country from the entry in that list relating to the plant, plant product or other object.

4A. Regulations under paragraph 4 may amend Part A or C of Annex 6, or Part A or B of Annex 7, to the Phytosanitary Conditions Regulation, where appropriate, in the light of the risk assessment.]

5. Provided that demand for import of plants, plant products or other objects listed in [F251 Part B of Annex 6 to the Phytosanitary Conditions Regulation] is identified, the risk assessment referred to in paragraph 4 shall be carried out within an appropriate and reasonable period of time.

Where appropriate, that assessment may be limited to plants, plant products or other objects of a particular third country of origin or dispatch, or a group of third countries of origin or dispatch.

6. The [F252 the appropriate authority may by regulations] lay down specific rules concerning the procedure to be followed in order to carry out the risk assessment referred to in paragraph 4.

F253 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F243 Words in Art. 42 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(a) (with regs. 53, 55)

F244 Words in Art. 42(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(b)(i)(aa) (with regs. 53, 55)

F245 Words in Art. 42(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(b)(i)(bb) (with regs. 53, 55)

F246 Words in Art. 42(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(b)(ii) (with regs. 53, 55)

F247 Art. 42(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(c) (with regs. 53, 55)

F248 Words in Art. 42(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(d)(i) (with regs. 53, 55)

F249 Words in Art. 42(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(d)(ii) (with regs. 53, 55)

F250 Art. 42(4)(4A) substituted for Art. 42(4) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(e) (with regs. 53, 55)

F251 Words in Art. 42(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(f) (with regs. 53, 55)

F252 Words in Art. 42(6) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(g) (with regs. 53, 55)

F253 Art. 42(7) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(5)(h) (with regs. 53, 55)

Article 43 U.K. Specific import conditions for the introduction into [F254 Great Britain] of wood packaging material

1. Wood packaging material, whether or not actually in use in the transport of objects of all kinds, shall only be introduced into [F255 Great Britain from a third country] if it fulfils all of the following requirements:

(a) it has been subject to one or more of the approved treatments and complies with the applicable requirements set out in Annex 1 to [F256 ISPM15];

(b) it is marked with the mark referred to in Annex 2 of ISPM15 attesting that it has been subject to the treatments referred to in point (a).

This paragraph shall not apply to wood packaging material which is subject to the exemptions provided for in ISPM15.

[F257 2. The appropriate authority may by regulations:

(a) amend the requirements set out in paragraph 1 of this Article to take into account the development of international standards, and in particular of ISPM15; or

(b) specify derogations from paragraph 1 for the purpose of exempting other wood packaging material which is not subject to the exemptions provided for in ISPM15 from the requirements of paragraph 1 of this Article, or for the purpose of imposing less stringent requirements on wood packaging material which is subject to the exemptions provided for in ISPM15.]

Textual Amendments

F254 Words in Art. 43 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(6)(a) (with regs. 53, 55)

F255 Words in Art. 43(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(6)(b)(i) (with regs. 53, 55)

F256 Word in Art. 43(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(6)(b)(ii) (with regs. 53, 55)

F257 Art. 43(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(6)(c) (with regs. 53, 55)

Article 44 U.K. Setting out of equivalent requirements

[F258 1. The appropriate authority may by regulations make provision for the purpose of giving effect to a relevant decision.

1A. Regulations under paragraph 1 may in particular:

(a) amend any of the special requirements in column (3) of the table in Part A or B of Annex 7 to the Phytosanitary Conditions Regulation to set out the equivalent requirements that apply to the plant, plant product or other object in question; or

(b) specify the conditions under which the decision of the UK NPPO applies.

1B. In paragraph 1, ‘relevant decision’ means a decision of the UK NPPO confirming that specific measures which are applied in the third country in relation to a particular plant, plant product or other object from that third country provide a level of phytosanitary protection which is equivalent to the measures included in the special requirements in relation to that plant, plant product or other object in Annex 7 to the Phytosanitary Conditions Regulation.]

F259 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F258 Art. 44(1)-(1B) substituted for Art. 44(1) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(7)(a) (with regs. 53, 55)

F259 Art. 44(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(7)(b) (with regs. 53, 55)

Article 45 U.K. Information to be provided to travellers and clients of postal services

1. [F260 The competent authorities and seaport, airport and international transport operators must make information available to passengers concerning the prohibitions referred to in Article 40(1) and 42(2), the requirements referred to in Article 41(1) and any exemption which applies by virtue of Article 75(1) as regards the introduction of plants, plant products and other objects into Great Britain from a third country.]

They shall provide that information in the form of posters or brochures and, where applicable, on their internet sites [F261 , in the standardised format published by the appropriate authority (if any)].

Postal services and professional operators involved in sales through distance contracts shall also make available to their clients that information concerning plants, plant products and other objects referred to in the first subparagraph at least through the internet.

[F262 The appropriate authority may publish, in such manner as the appropriate authority considers appropriate, a standardised format for any poster or brochure which must be used for the purposes of the first subparagraph of this paragraph.]

F263 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F260 Words in Art. 45(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(8)(a)(i) (with regs. 53, 55)

F261 Words in Art. 45(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(8)(a)(ii) (with regs. 53, 55)

F262 Words in Art. 45(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(8)(a)(iii) (with regs. 53, 55)

F263 Art. 45(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(8)(b) (with regs. 53, 55)

F264 Article 46 U.K. Exception from prohibitions and requirements for frontier zones

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F264 Art. 46 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(9) (with regs. 53, 55)

Article 47 U.K. Requirements for phytosanitary transit

1. By way of derogation from Article 40(1), Article 41(1), Article 42(2), Article 72(1) and Article 73, plants, plant products and other objects may be introduced into, and be passed through, [F265 Great Britain] to a third country, either in the form of transit or transhipment (‘phytosanitary transit’), if they fulfil both of the following conditions:

(a) they are accompanied by a signed declaration of the professional operator in control of those plants, plant products and other objects stating that those plants, plant products or other objects are in phytosanitary transit;

(b) they are packed and moved in such a way that there is no risk of spreading of [F266 GB] quarantine pests during their introduction into, and passing through, [F267 Great Britain].

2. [F268 The competent authority] shall prohibit phytosanitary transit if the plants, plant products or other objects concerned do not comply, or there is reasonable evidence that they will not comply, with paragraph 1.

Textual Amendments

F265 Words in Art. 47(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(10)(a)(i) (with regs. 53, 55)

F266 Word in Art. 47(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(10)(a)(ii)(aa) (with regs. 53, 55)

F267 Words in Art. 47(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(10)(a)(ii)(bb) (with regs. 53, 55)

F268 Words in Art. 47(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(10)(b) (with regs. 53, 55)

Article 48 U.K. Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding

1. By way of derogation from Article 40(1), Article 41(1) and Article 42(2), [F269 a competent authority] may, on application, authorise temporarily the introduction into, and the movement within, [F270 the territory for which it is responsible] of plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding.

That authorisation shall be granted for the activity concerned only if adequate restrictions are imposed to ensure that the presence of the plants, plant products or other objects concerned does not cause an unacceptable risk of the spread of a [F271 GB quarantine pest or provisional GB quarantine pest], taking into account the identity, biology and means of dispersal of the pests concerned, the activity envisaged, the interaction with the environment and other relevant factors relating to the pest risk posed by those plants, plant products or other objects.

2. Where an authorisation is granted in accordance with paragraph 1, it shall include all of the following conditions:

(a) the plants, plant products or other objects concerned are to be kept in a location and under conditions found to be appropriate by the competent [F272 authority] and referred to in the authorisation;

(b) the activity involving those plants, plant products or other objects is to be carried out in a quarantine station or a confinement facility designated in accordance with Article 60 by the competent authority and referred to in the authorisation;

(c) the activity involving those plants, plant products or other objects is to be carried out by personnel whose scientific and technical competence is found to be appropriate by the competent authority and referred to in the authorisation;

(d) those plants, plant products or other objects are to be accompanied by the authorisation when introduced into, or moved within, the [F273 territory in question].

3. The authorisation referred to in paragraph 1shall be limited to the amount and duration that is adequate for the activity concerned and shall not exceed the capacity of the designated quarantine station or confinement facility.

It shall include the restrictions necessary to adequately eliminate the risk of the spread of the relevant [F274 GB quarantine pest or provisional GB quarantine pest].

4. The competent authority shall monitor compliance with the conditions referred to in paragraph 2 and the limitation and the restrictions referred to in paragraph 3 and take the necessary action in case those conditions, that limitation or those restrictions are not complied with.

Where appropriate, that action shall be the revocation of the authorisation referred to in paragraph 1.

5. The [F275 appropriate authority may by regulations supplement] this Regulation by laying down detailed rules concerning:

F276 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the procedures and conditions for granting the authorisation referred to in paragraph 1 of this Article; and

(c) the requirements for the monitoring of compliance and the actions to be taken in the event of non-compliance, as referred to in paragraph 4 of this Article.

Textual Amendments

F269 Words in Art. 48(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(a)(i)(aa) (with regs. 53, 55)

F270 Words in Art. 48(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(a)(i)(bb) (with regs. 53, 55)

F271 Words in Art. 48(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(a)(ii) (with regs. 53, 55)

F272 Word in Art. 48(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(b)(i) (with regs. 53, 55)

F273 Words in Art. 48(2)(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(b)(ii) (with regs. 53, 55)

F274 Words in Art. 48(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(c) (with regs. 53, 55)

F275 Words in Art. 48(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(d)(i) (with regs. 53, 55)

F276 Art. 48(5)(a) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(11)(d)(ii) (with regs. 53, 55)

Article 49 U.K. Temporary measures concerning plants, plant products and other objects likely to pose newly identified pest risks or other suspected phytosanitary risks

1. The [F277 appropriate authority may by regulations impose] temporary measures as regards the introduction into, and movement within, [F278 Great Britain] of plants, plant products and other objects from third countries where the following conditions are fulfilled:

(a) the plants, plant products or other objects are likely to pose newly identified pest risks which are not sufficiently covered by any [F279 existing measures and are not linked, or cannot yet be linked to, GB quarantine pests or provisional GB quarantine pests];

(b) there is insufficient phytosanitary experience, such as in relation to new plant species or pathways, as regards trade in the plants, plant products and other objects concerned originating in or dispatched from the third countries concerned;

(c) no assessment has been carried out as regards the newly identified pest risks for [F280 Great Britain] in respect of those plants, plant products or other objects from the third countries concerned.

F281 ...

2. The temporary measures referred to in paragraph 1 shall be adopted taking into account Section 2 of Annex II and Annex IV.

They shall provide for one or more of the following, as necessary in the case concerned:

(a) systematic and intensive inspections and sampling, at the point of introduction, of each lot of plants, plant products or other objects introduced into [F282 Great Britain] and the testing of samples;

(b) a quarantine period, within a quarantine station or a confinement facility as referred to in Article 60, to verify the absence of the newly identified pest risk concerned in those plants, plant products or other objects;

(c) a prohibition of the introduction of those plants, plant products or other objects into [F283 Great Britain].

In the cases referred to in points (a) and (b) of the second subparagraph, [F284 regulations made under] paragraph 1 may also set out specific measures to be taken before the introduction into [F285 Great Britain] of those plants, plant products or other objects.

3. The temporary measures referred to in paragraph 1 shall apply for an appropriate and reasonable period of time, pending the characterisation of pests likely to be associated with those plants, plant products or other objects from those third countries and the full assessment of the risks posed by those pests in accordance with Section 1 of Annex I.

F286 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from the measures adopted pursuant to paragraph 1 of this Article, Article 48 shall apply to the introduction into, and the movement within, [F287 Great Britain] of plants, plant products or other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding.

F288 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F277 Words in Art. 49(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(a)(i)(aa) (with regs. 53, 55)

F278 Words in Art. 49(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(a)(i)(bb) (with regs. 53, 55)

F279 Words in Art. 49(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(a)(ii) (with regs. 53, 55)

F280 Words in Art. 49(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(a)(iii) (with regs. 53, 55)

F281 Words in Art. 49(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(a)(iv) (with regs. 53, 55)

F282 Words in Art. 49(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(b)(i) (with regs. 53, 55)

F283 Words in Art. 49(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(b)(i) (with regs. 53, 55)

F284 Words in Art. 49(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(b)(ii)(aa) (with regs. 53, 55)

F285 Words in Art. 49(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(b)(ii)(bb) (with regs. 53, 55)

F286 Art. 49(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(c) (with regs. 53, 55)

F287 Words in Art. 49(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(d) (with regs. 53, 55)

F288 Art. 49(6) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(12)(e) (with regs. 53, 55)

F289 Article 50 U.K. Report from the Commission on the enforcement and effectiveness of measures relating to imports into the Union territory

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F289 Art. 50 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(13) (with regs. 53, 55)

Article 51 U.K. Amendment of Annexes III and IV

The [F290 appropriate authority may by regulations amend] Annexes III and IV in order to adapt them to the development of scientific and technical knowledge and of relevant international standards.

Textual Amendments

F290 Words in Art. 51 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(14) (with regs. 53, 55)

F291 Article 52 U.K. Temporary measures by Member States concerning imminent danger

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F291 Art. 52 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(15) (with regs. 53, 55)

Textual Amendments

F226 Words in Ch. 4 Section 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(2) (with regs. 53, 55)

Section 2 U.K. Measures relating to [F292 GB pest-free areas]

Article 53 U.K. Prohibition of introduction of plants, plant products and other objects into [F293 GB pest-free areas]

[F294 1. Any plants, plant products or other objects of a description specified in any entry in column (1) of the table in Annex 9 to the Phytosanitary Conditions Regulation, whether originating in a third country, Great Britain or a CD territory, may not be introduced into, or moved within, a GB pest-free area listed in the corresponding entry in column (2) of the table.]

[F295 2. The appropriate authority may by regulations amend Annex 9 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object.]

[F296 3. For the purposes of paragraph 2, an amendment is appropriate if, on the basis of the risk assessment, it is concluded:

(a) in the case of a plant, plant product or other object which is not included in Annex 9 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which cannot be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or

(b) in the case of any plant, plant product or other object which is included in Annex 9 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object no longer poses a pest risk of an unacceptable level, or that it continues to pose a pest risk of an unacceptable level, but that the risk can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2.

3A. A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3 if the risk assessment shows that the plant, plant product or other object may host a PFA quarantine pest and, in determining the acceptability of the level of pest risk to the GB pest-free area which relates to the PFA quarantine pest, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2.]

F297 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F293 Words in Art. 53 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(17)(a) (with regs. 53, 55)

F294 Art. 53(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(17)(b) (with regs. 53, 55)

F295 Art. 53(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(17)(c) (with regs. 53, 55)

F296 Art. 53(3)(3A) substituted for Art. 53(3) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(17)(d) (with regs. 53, 55)

F297 Art. 53(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(17)(e) (with regs. 53, 55)

Article 54 U.K. Plants, plant products and other objects subject to special requirements for [F298 GB pest-free areas]

[F299 1. Plants, plant products or other objects of a description specified in any entry in column (1) of the table in Annex 10 to the Phytosanitary Conditions Regulation, whether originating in a third country, Great Britain or a CD territory, may only be introduced into, or moved within, a GB pest-free area listed in the corresponding entry in column (3) of the table if the special requirements specified in the corresponding entry in column (2) of the table are fulfilled.]

F300 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F301 3. The appropriate authority may by regulations amend Annex 10 to the Phytosanitary Conditions Regulation where the amendment is appropriate in the light of a risk assessment in relation to a plant, plant product or other object.

3A. For the purposes of paragraph 3, an amendment is appropriate if, on the basis of the risk assessment, it is concluded:

(a) in the case of a plant, plant product or other object which is not included in Annex 10 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2; or

(b) in the case of a plant, plant product or other object which is included in Annex 10 to the Phytosanitary Conditions Regulation, that the plant, plant product or other object poses a pest risk of an unacceptable level which can no longer be reduced to an acceptable level by applying one or more of the measures set out in points (2) and (3) of Section 1 of Annex 2, or that the pest risk can continue to be reduced to an acceptable level by applying alternative measures to those specified in Annex 10 to the Phytosanitary Conditions Regulation.

3B. A plant, plant product or other object may only be regarded as posing a pest risk of an unacceptable level for the purposes of paragraph 3A if the risk assessment shows that the plant, plant product or other object may host a PFA quarantine pest and, in determining the acceptability of the level of pest risk to the GB pest-free area which relates to the PFA quarantine pest and the measures to reduce that risk to an acceptable level, the risk assessment was carried out in accordance with the principles set out in Section 2 of Annex 2.]

F302 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F298 Words in Art. 54 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(18)(a) (with regs. 53, 55)

F299 Art. 54(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(18)(b) (with regs. 53, 55)

F300 Art. 54(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(18)(c) (with regs. 53, 55)

F301 Art. 54(3)-(3B) substituted for Art. 54(3) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(18)(d) (with regs. 53, 55)

F302 Art. 54(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(18)(e) (with regs. 53, 55)

Article 55 U.K. Information to be provided to travellers and clients of postal services as regards [F303 GB pest-free areas]

Article 45 shall apply mutatis mutandis to the introduction into, or the movement within, [F304 GB pest-free areas] of plants, plant products and other objects.

Textual Amendments

F303 Words in Art. 55 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(19)(a) (with regs. 53, 55)

F304 Words in Art. 55 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(19)(b) (with regs. 53, 55)

F305 Article 56 U.K. Exception from prohibitions and requirements for frontier zones as regards protected zones

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305 Art. 56 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(20) (with regs. 53, 55)

Article 57 U.K. Requirements for phytosanitary transit as regards [F306 GB pest-free areas]

Article 47 shall apply mutatis mutandis to the phytosanitary transit of the plants, plant products and other objects [F307 of a description specified in any entry in column (1) of the tables in Annex 9 and 10 to the Phytosanitary Conditions Regulation through the GB pest-free areas related to those plants, plant products or other objects.]

Textual Amendments

F306 Words in Art. 57 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(21)(a) (with regs. 53, 55)

F307 Words in Art. 57 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(21)(b) (with regs. 53, 55)

Article 58 U.K. Plants, plant products and other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding as regards [F308 GB pest-free areas]

By way of derogation from F309 ... Article 53(1) and Article 54(1), Article 48 shall apply mutatis mutandis to the introduction into, and the movement within, [F310 a GB pest-free area of plants, plant products and other objects of a description specified in any entry in column (1) of the tables in Annex 9 and 10 to the Phytosanitary Conditions Regulation which relate to that GB pest-free area] and used for official testing, scientific or educational purposes, trials, varietal selection or breeding.

Textual Amendments

F308 Words in Art. 58 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(22)(a) (with regs. 53, 55)

F309 Words in Art. 58 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(22)(b)(i) (with regs. 53, 55)

F310 Words in Art. 58 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(22)(b)(ii) (with regs. 53, 55)

Textual Amendments

F292 Words in Ch. 4 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(16) (with regs. 53, 55)

Section 3 U.K. Other measures concerning plants, plant products and other objects

Article 59 U.K. General requirements for vehicles, machinery and packaging material

[F311 1. Vehicles, machinery and packaging material used for plants, plant products or other objects of a description specified in any entry in Annex 6, 7 or 8 to the Phytosanitary Conditions Regulation, or in any regulations made under Article 28(1), 30(1) or 49(1), and moving into or within Great Britain, or through Great Britain pursuant to Article 47, must be free from GB quarantine pests and GB provisional quarantine pests.]

2. Paragraph 1 shall apply to [F312 any GB pest-free area] also as regards [F313 a PFA quarantine pest relating to that GB pest-free area].

Textual Amendments

F311 Art. 59(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(23)(a) (with regs. 53, 55)

F312 Words in Art. 59(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(23)(b)(i) (with regs. 53, 55)

F313 Words in Art. 59(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(23)(b)(ii) (with regs. 53, 55)

Article 60 U.K. Designation of quarantine stations and confinement facilities

1. For the purposes referred to in Articles 8, 48, 49 and 58, [F314 the competent authorities] shall take one or more of the following actions, taking into account the relevant pest risk:

(a) designate in [F315 the territories for which they are responsible] quarantine stations or confinement facilities;

F316 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) designate temporarily the premises of professional operators or other persons [F317 in the territories for which they are responsible] as confinement facilities for the pests, plants, plant products or other objects and their relevant uses as set out in Articles 8, 48 and 49.

F318 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F314 Words in Art. 60(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(a)(i) (with regs. 53, 55)

F315 Words in Art. 60(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(a)(ii) (with regs. 53, 55)

F316 Art. 60(1)(b) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(a)(iii) (with regs. 53, 55)

F317 Words in Art. 60(1)(c) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(a)(iv) (with regs. 53, 55)

F318 Art. 60(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(24)(b) (with regs. 53, 55)

Article 61 U.K. Requirements for quarantine stations and confinement facilities

1. Quarantine stations and confinement facilities referred to in Article 60 shall meet the following requirements to prevent the spread of [F319 GB] quarantine pests:

(a) they provide physical isolation of the pests, plants, plant products and other objects to be kept in quarantine or confinement and ensure they cannot be accessed or removed from those stations or facilities without consent of the competent authority;

(b) they have systems, or access to systems, for sterilisation, decontamination or destruction of infested plants, plant products and other objects, waste and equipment before removal from the stations or facilities;

(c) they have an identification and description of the tasks of those stations and facilities, the persons responsible for carrying out those tasks and the conditions under which they shall carry out those tasks;

(d) they have a sufficient number of suitably qualified, trained and experienced personnel; and

(e) they have a contingency plan for the purpose of effectively eliminating any unintended presence of [F320 GB quarantine pests and provisional GB quarantine pests] and preventing their spread.

2. The [F321 appropriate authority may by regulations] lay down specific rules in order to provide uniform conditions of application for the requirements set out in paragraph 1 in relation to the type of plants, plant products and other objects and the actual or potential risk, including specific requirements for official testing, scientific or educational purposes, trials, varietal selection or breeding.

F322 ...

Textual Amendments

F319 Word in Art. 61(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(25)(a)(i) (with regs. 53, 55)

F320 Words in Art. 61(1)(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(25)(a)(ii) (with regs. 53, 55)

F321 Words in Art. 61(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(25)(b)(i) (with regs. 53, 55)

F322 Words in Art. 61(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(25)(b)(ii) (with regs. 53, 55)

Article 62 U.K. Operation of quarantine stations and confinement facilities

1. The person responsible for the quarantine station or confinement facility shall monitor that station or facility and its immediate vicinity for the unintended presence of [F323 GB quarantine pests and provisional GB quarantine pests].

2. Where an unintended presence of a pest referred to in paragraph 1 is found or suspected, the person responsible for the quarantine station or confinement facility concerned shall take the appropriate action, based on the contingency plan referred to in point (e) of Article 61(1). The obligations set out for professional operators in Article 14 shall apply mutatis mutandis to the person responsible for the quarantine station or confinement facility.

3. The person responsible for the quarantine station or confinement facility shall keep records on the following:

(a) the personnel employed;

(b) the visitors accessing the station or facility;

(c) the pests, plants, plant products and other objects entering and leaving the station or facility;

(d) the place of origin of such plants, plant products and other objects; and

(e) observations concerning the presence of pests on such plants, plant products and other objects inside the quarantine station or confinement facility and in its immediate vicinity.

Those records shall be kept for three years.

Textual Amendments

F323 Words in Art. 62(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(26) (with regs. 53, 55)

Article 63 U.K. Supervision of quarantine stations and confinement facilities and revocation of designation

1. The competent [F324 authorities] shall regularly inspect the quarantine stations and confinement facilities [F325 which they have designated] to verify whether they meet the requirements set out in Article 61 and the operation conditions set out in Article 62.

[F326 They] shall determine the frequency of those inspections according to the pest risk related to the operation of the quarantine stations or confinement facilities.

2. [F327 Where corrective actions to ensure compliance with Articles 61 and 62 are considered by a competent authority to be necessary], the competent authority may require the person responsible for the quarantine station or confinement facility to implement [F328 those] corrective actions F329 ... , either immediately or within a specified period of time.

Where the competent authority concludes that the quarantine station or confinement facility [F330 does not comply with Articles 61 and 62] or the person responsible for it [F331 has failed] to comply with Articles 61 and 62, that authority shall without delay take the measures necessary to ensure that non-compliance with those provisions does not continue. Those measures may include the revocation or suspension of the designation referred to in Article 60(1).

3. Where the competent authority has taken measures in accordance with paragraph 2 of this Article other than the revocation of the designation referred to in Article 60(1), and non-compliance with Articles 61 and 62 continues, that authority shall without delay revoke that designation.

Textual Amendments

F324 Word in Art. 63(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(a)(i)(aa) (with regs. 53, 55)

F325 Words in Art. 63(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(a)(i)(bb) (with regs. 53, 55)

F326 Word in Art. 63(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(a)(ii) (with regs. 53, 55)

F327 Words in Art. 63(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(i)(aa) (with regs. 53, 55)

F328 Word in Art. 63(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(i)(bb) (with regs. 53, 55)

F329 Words in Art. 63(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(i)(cc) (with regs. 53, 55)

F330 Words in Art. 63(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(ii)(aa) (with regs. 53, 55)

F331 Words in Art. 63(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(27)(b)(ii)(bb) (with regs. 53, 55)

Article 64 U.K. Release of plants, plant products and other objects from quarantine stations and confinement facilities

1. Plants, plant products and other objects shall only leave [F332 a quarantine station or a confinement facility], upon authorisation by the competent [F333 authority], if it is confirmed that they are free from [F334 GB quarantine pests and provisional GB quarantine pests, or, where applicable, PFA] quarantine pests.

2. The competent authority may authorise the movement of plants, plant products or other objects infested by a [F335 GB quarantine pest or provisional GB quarantine pest] from a quarantine station or a confinement facility to another quarantine station or confinement facility if that movement is justified by official testing or scientific reasons and takes place under the conditions set by the competent authority.

3. The [F336 appropriate authority may by regulations] lay down specific rules concerning the release of plants, plant products and other objects from quarantine stations and confinement facilities, and, where appropriate, labelling requirements related to that release or to the movement referred to in paragraph 2.

F337 ...

Textual Amendments

F332 Words in Art. 64(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(a)(i) (with regs. 53, 55)

F333 Word in Art. 64(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(a)(ii) (with regs. 53, 55)

F334 Words in Art. 64(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(a)(iii) (with regs. 53, 55)

F335 Words in Art. 64(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(b) (with regs. 53, 55)

F336 Words in Art. 64(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(c)(i) (with regs. 53, 55)

F337 Words in Art. 64(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 29(28)(c)(ii) (with regs. 53, 55)

CHAPTER V U.K. Registration of professional operators and traceability

Article 65 U.K. Official register of professional operators

1. The competent [F338 authorities] shall keep and update a register containing the following professional operators who operate in [F339 Great Britain]:

(a) professional operators introducing into, or moving within, [F340 Great Britain] plants, plant products and other objects for which a phytosanitary certificate or a [F341 UK plant passport] is required F342 ... pursuant to Article 72(1), Article 73, Article 74(1), Article 79(1) and Article 80(1);

(b) professional operators authorised to issue [F343 UK] plant passports in accordance with Article 89;

(c) professional operators who request the competent authority to issue the certificates referred to in Articles 100 [F344 and 101];

(d) professional operators authorised to apply the marks referred to in Article 98, authorised to issue the attestations referred to in Article 99, providing information in accordance with Articles 45 or 55, F345 ... or carrying out activities concerning the relevant plants in demarcated areas, unless those operators are listed in another official register which is accessible to the competent authorities; and

(e) professional operators other than the ones referred to in points (a) to (d) of this subparagraph, if so required by [F346 the special requirements in Annex 7, 8 or 10 or by regulations made under Article 28(1), 30(1) or 49(1)].

F347 ...

2. [F348 The competent authorities must ensure that a professional operator is registered only once]. Where applicable, that registration shall be carried out with explicit references to each of the different premises referred to in point (d) of Article 66(2).

3. Paragraph 1 of this Article shall not apply to a professional operator who fulfils one or more of the following criteria:

F349 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) it supplies exclusively and directly to final users small quantities of seeds, other than the seeds subject to Article 72;

(c) its professional activity concerning plants, plant products and other objects is limited to transporting them for another professional operator;

(d) its professional activity exclusively concerns the transport of objects of all kinds using wood packaging material.

F350 ...

4. [F351 The appropriate authority may by regulations]:

(a) [F352 amend] this Regulation by adding further categories of professional operators to be exempted from the application of paragraph 1 of this Article, where registration would constitute an administrative burden for them disproportionate to the low pest risk related to their professional activities;

(b) [F353 supplement] this Regulation by setting out particular requirements for the registration of certain categories of professional operators, taking into account the nature of the activity or of the plant, plant product or other object concerned;

F354 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F338 Word in Art. 65(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(a)(i)(aa) (with regs. 53, 55)

F339 Words in Art. 65(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(a)(i)(bb) (with regs. 53, 55)

F340 Words in Art. 65(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(a)(ii)(aa) (with regs. 53, 55)

F341 Words in Art. 65(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(a)(ii)(bb) (with regs. 53, 55)

F342 Words in Art. 65(1)(a) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(a)(ii)(cc) (with regs. 53, 55)

F343 Word in Art. 65(1)(b) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(6)

F344 Words in Art. 65(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(a)(iii) (with regs. 53, 55)

F345 Words in Art. 65(1)(d) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(a)(iv) (with regs. 53, 55)

F346 Words in Art. 65(1)(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(a)(v) (with regs. 53, 55)

F347 Words in Art. 65(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(a)(vi) (with regs. 53, 55)

F348 Words in Art. 65(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(b) (with regs. 53, 55)

F349 Art. 65(3)(a) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(c)(i) (with regs. 53, 55)

F350 Words in Art. 65(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(c)(ii) (with regs. 53, 55)

F351 Words in Art. 65(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(d)(i) (with regs. 53, 55)

F352 Word in Art. 65(4)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(d)(ii) (with regs. 53, 55)

F353 Word in Art. 65(4)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(d)(iii) (with regs. 53, 55)

F354 Art. 65(4)(c) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(1)(d)(iv) (with regs. 53, 55)

Article 66 U.K. Procedure of registration

1. Professional operators falling within the scope of Article 65(1) shall submit to the competent authorities an application for registration.

2. The application for registration shall include the following elements:

(a) name, address in [F355 Great Britain] and contact details of the professional operator;

(b) a statement concerning the intention of the professional operator to exercise one or more of the activities referred to in Article 65(1) concerning plants, plant products and other objects;

(c) a statement concerning the intention of the professional operator to carry out, as applicable, one or more of the following activities:

(i)

issuing of [F356 UK] plant passports for plants, plant products and other objects pursuant to Article 84(1);

(ii)

placing of the mark on wood packaging material referred to in Article 96(1);

(iii)

issuing of any other attestation referred to in Article 99(1);

(d) address of the premises and, where applicable, the location of land plots used by the professional operator F357 ... to carry out the activities referred to in Article 65(1) for the purpose of the registration; and

(e) the commodity types, families, genera or species of the plants and plant products and, where appropriate, the nature of other objects concerned by the activities of the professional operator, as referred to in Article 65(1).

3. The competent authorities shall register a professional operator without delay where the application for registration contains the elements set out in paragraph 2.

F358 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Registered operators shall, where relevant, submit annually an update concerning any changes in the data referred to in points (d) and (e) of paragraph 2 and the statements referred to in points (b) and (c) of paragraph 2. That submission shall take place by 30 April of each year with regard to the updating of the data of the preceding year.

An application for updating the data referred to in point (a) of paragraph 2 shall be submitted no later than 30 days after the change in those data.

6. Where the competent authority becomes aware that [F359 a] registered operator no longer carries out the activities referred to in Article 65(1), or that the elements included in the application submitted by the registered operator in accordance with paragraph 2 of this Article are no longer correct, it shall request that operator to correct those elements immediately or within a specified period of time.

Where the registered operator does not correct those elements within the period of time set by the competent authority, the competent authority shall, as appropriate, amend or revoke the registration of that operator.

Textual Amendments

F355 Words in Art. 66(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(2)(a)(i) (with regs. 53, 55)

F356 Word in Art. 66(2)(c)(i) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(7)

F357 Words in Art. 66(2)(d) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(2)(a)(ii) (with regs. 53, 55)

F358 Art. 66(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(2)(b) (with regs. 53, 55)

F359 Word in Art. 66(6) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(2)(c) (with regs. 53, 55)

Article 67 U.K. Content of the register

The register shall contain the elements set out in points (a), (b), (d) and (e) of Article 66(2) and the following elements:

(a)

the official registration number [F360 for the professional operator];

(b)

where applicable, an indication for which of the activities referred to in point (c) of Article 66(2) the professional operator is authorised, and, where applicable, the specific plants, plant products or other objects concerned.

Textual Amendments

F360 Words in Art. 67(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(3) (with regs. 53, 55)

Article 68 U.K. Availability of information of official registers

F361 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The [F362 competent authority] shall make available, on justified request, the information referred to in points (a) and (b) of Article 66(2) and point (b) of Article 67 concerning a particular registered operator to any professional operator established in [F363 Great Britain], for its own use.

3. This Article shall apply without prejudice to F364 ... rules on confidentiality, access to information and private data protection.

Textual Amendments

F361 Art. 68(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(4)(a) (with regs. 53, 55)

F362 Words in Art. 68(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(4)(b)(i) (with regs. 53, 55)

F363 Words in Art. 68(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(4)(b)(ii) (with regs. 53, 55)

F364 Words in Art. 68(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(4)(c) (with regs. 53, 55)

Article 69 U.K. Traceability

[F365 1. A professional operator to whom a regulated trade unit is supplied must keep a record allowing that operator to identify the professional operator who supplied it.

2. A professional operator supplying a regulated trade unit must keep a record allowing that operator to identity the professional operator to whom it was supplied.]

3. Where an authorised operator issues a [F366 UK plant passport] pursuant to Article 84(1), and where the competent authority issues a [F366 UK plant passport] pursuant to Article 84(2) for a registered operator, that operator shall ensure, for the purpose of ensuring traceability pursuant to paragraphs 1 and 2 of this Article, that it records the following information as regards that [F366 UK plant passport]:

(a) where applicable, the professional operator who supplied the trade unit concerned;

(b) the professional operator to whom the trade unit concerned was supplied; and

(c) relevant information relating to the [F366 UK plant passport].

4. Professional operators shall keep the records referred to in paragraphs 1, 2 and 3 for at least three years after the date on which the plant, plant product or other object concerned was supplied to or by them.

5. The [F367 appropriate authority may by regulations] set out the following elements:

(a) a shorter or longer minimum period than the one referred to in paragraph 4 with regards to specific plants, where so justified by the length of the cultivation period of those plants; and

(b) requirements as to the accessibility of the records to be kept by the professional operators referred to in paragraphs 1 and 2.

F368 ...

6. On request, the professional operators referred to in paragraph 4 shall communicate the information in the records referred to in paragraphs 1, 2 and 3 to the competent authority.

7. This Article shall not apply to the professional operators referred to in points (c) and (d) of the first subparagraph of Article 65(3).

[F369 8. In this Article ‘regulated trade unit’ means a trade unit of plants, plant products or other objects that are subject to requirements or conditions pursuant to Article 28(1), 30(1), 37(1), 41, 47(1), 48(1), 49(1), 54(1), 57, 58 or 79(1) or a relevant NI trade unit.]

Textual Amendments

F365 Art. 69(1)(2) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(8)(a)

F366 Words in Art. 69(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(5)(c) (with regs. 53, 55)

F367 Words in Art. 69(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(5)(d)(i) (with regs. 53, 55)

F368 Words in Art. 69(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 30(5)(d)(ii) (with regs. 53, 55)

F369 Art. 69(8) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(8)(b)

Article 70 U.K. Movements of plants, plant products and other objects within and between the premises of the professional operator

1. The professional operators who are supplied with, or supply, the plants, plant products or other objects [F370 in the trade units] referred to in Article 69(1) and (2) shall 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.

The first subparagraph shall not apply to the professional operators referred to in points (c) and (d) of the first subparagraph of Article 65(3).

2. The information identified by the systems or procedures referred to in paragraph 1 on the movement of the plants, plant products and other objects within and between the premises of the professional operators referred to in that paragraph shall be made available to the competent authority on request.

Textual Amendments

F370 Words in Art. 70(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(9)

CHAPTER VI U.K. Certification of plants, plant products and other objects

Section 1 U.K. Phytosanitary certificates required for the introduction of plants, plant products and other objects into [F371 Great Britain]

Article 71 U.K. Phytosanitary certificate for introduction into [F372 Great Britain]

1. A phytosanitary certificate for introduction of plants, plant products and other objects into [F373 Great Britain] shall be a document, issued by a [F374 relevant authority], which fulfils the conditions of Article 76, has the contents set out in Part A of Annex V, or, where applicable, Part B of Annex V, and certifies that the plant, plant product or other object concerned complies with all of the following requirements:

(a) it is free from [F375 GB quarantine pests and provisional GB quarantine pests];

(b) it complies with the provisions of Article 37(1) concerning the presence of [F376 GB] regulated non-quarantine pests on plants for planting;

(c) it complies with the requirements referred to in Article 41[F377 (1)] or, where applicable, Article 54[F377 (1)];

(d) where applicable, it complies with [F378 any requirements specified in regulations made under Article 28(1) or 30(1)].

2. [F379 Where one or more options are specified for the purposes of meeting any such requirements, the] phytosanitary certificate shall specify under the heading ‘Additional Declaration’ which specific requirement is fulfilled F380 ...

3. Where [F381 required by regulations made under Article 44(1)], the phytosanitary certificate shall state that the plants, plant products or other objects concerned comply with phytosanitary measures recognised [F382 for the purposes of those regulations] as equivalent F383 ....

4. The [F384 appropriate authority may by regulations amend] Parts A and B of Annex V to adapt them to the development of the relevant international standards.

[F385 5. In paragraph 1, ‘relevant authority’ means:

(a) in the case of plants, plant products and other objects which are introduced into Great Britain from a third country, the national plant protection organisation of that third country;

(b) in the case of plants, plant products and other objects which are introduced into Great Britain from Northern Ireland and are not part of a relevant NI trade unit, the Department of Agriculture, Environment and Rural Affairs.]

Textual Amendments

F372 Words in Art. 71 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(a) (with regs. 53, 55)

F373 Words in Art. 71(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(i) (with regs. 53, 55)

F374 Words in Art. 71(1) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(10)(a)

F375 Words in Art. 71(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(ii) (with regs. 53, 55)

F376 Word in Art. 71(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(iii) (with regs. 53, 55)

F377 Word in Art. 71(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(iv) (with regs. 53, 55)

F378 Words in Art. 71(1)(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(b)(v) (with regs. 53, 55)

F379 Words in Art. 71(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(c)(i) (with regs. 53, 55)

F380 Words in Art. 71(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(c)(ii) (with regs. 53, 55)

F381 Words in Art. 71(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(d)(i) (with regs. 53, 55)

F382 Words in Art. 71(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(d)(ii) (with regs. 53, 55)

F383 Words in Art. 71(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(d)(iii) (with regs. 53, 55)

F384 Words in Art. 71(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(3)(e) (with regs. 53, 55)

F385 Art. 71(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(10)(b)

Article 72 U.K. Plants, plant products and other objects for which phytosanitary certificates are required

[F386 1. Plants, plant products and other objects of a description specified in any entry in columns (1) and (2) of the table in Part A of Annex 11 to the Phytosanitary Conditions Regulation which originate in any third country listed in the corresponding entry in column (3) of that table may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate.]

F387 ...

F387 ...

F387 ...

F388 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F389 The appropriate authority may by regulations amend Part A of Annex 11 to the Phytosanitary Conditions Regulation], in accordance with the principles set out in Section 2 of Annex II, where there is a risk that a plant, plant product or other object not listed in [F390 that Part hosts a GB quarantine pest or provisional GB quarantine pest], or where, for a plant, plant product or other object listed in [F391 that Part], that risk no longer exists.

F392 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from paragraphs 1 F393 ... and 3, no phytosanitary certificate shall be required for the plants, plant products or other objects which are subject to [F394 Articles 47, 48 and 75(1)].

Textual Amendments

F386 Words in Art. 72(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(a)(i) (with regs. 53, 55)

F387 Words in Art. 72(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(a)(ii) (with regs. 53, 55)

F388 Art. 72(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(b) (with regs. 53, 55)

F389 Words in Art. 72(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(c)(i) (with regs. 53, 55)

F390 Words in Art. 72(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(c)(ii) (with regs. 53, 55)

F391 Words in Art. 72(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(c)(iii) (with regs. 53, 55)

F392 Art. 72(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(d) (with regs. 53, 55)

F393 Word in Art. 72(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(e)(i) (with regs. 53, 55)

F394 Words in Art. 72(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(4)(e)(ii) (with regs. 53, 55)

Modifications etc. (not altering text)

C2 Art. 72(1) restricted (temp.) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 52(2)(a), Sch. 2 (with regs. 53, 55)

Article 73 U.K. Other plants for which phytosanitary certificates are required

[F395 1. Plants of a description specified in columns (1) and (2) of Part B of Annex 11 to the Phytosanitary Conditions Regulation may not be introduced into Great Britain from third countries unless they are accompanied by a phytosanitary certificate.]

[F396 2.] [F397 The appropriate authority may by regulations amend Part C of Annex 11 to the Phytosanitary Conditions Regulation] where an assessment, based on evidence about pest risks and experience with trade, demonstrates that such a certificate is not necessary. That assessment shall take into account the criteria set out in Annex VI. Where appropriate, that assessment may only concern plants of a particular third country of origin or dispatch, or a group of third countries of origin or dispatch.

F398 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F395 Art. 73(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(5)(a) (with regs. 53, 55)

F396 Words in Art. 73 renumbered as Art. 73(2) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(5)(b) (with regs. 53, 55)

F397 Words in Art. 73(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(5)(b) (with regs. 53, 55)

F398 Words in Art. 73 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(5)(c) (with regs. 53, 55)

Modifications etc. (not altering text)

C3 Art. 73(1) excluded (temp.) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 52(2)(b) (with regs. 53, 55)

Article 74 U.K. Plants, plant products and other objects for which phytosanitary certificates are required for introduction into a [F399 GB pest-free area]

[F400 1. Any plants, plant products and other objects of a description specified in an entry (if any) in columns (1) and (2) of the table in Annex 12 to the Phytosanitary Conditions Regulation, which originate in a third country specified in the corresponding entry in column (3) of the table and are destined for a GB pest-free area established in respect of those plants, plant products or other objects, may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate.]

F401 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F402 3. The appropriate authority may by regulations amend Annex 12 to the Phytosanitary Conditions Regulation in accordance with the principles set out in Section 2 of Annex 2, where there is a risk that a plant, plant product or other object not listed in Annex 11 or in Annex 12 to the Phytosanitary Conditions Regulation hosts a PFA quarantine pest, or where, for a plant, plant product or other object listed in Annex 11 or 12 to the Phytosanitary Conditions Regulation, that risk no longer exists,]

[F403 3A. Regulations under paragraph 3 may apply in relation to a plant, plant product or other object originating in, or dispatched from, all third countries or particular third countries or regions.]

F404 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from paragraphs 1 F405 ... and 3, no phytosanitary certificate shall be required for the plants, plant products or other objects which are subject to [F406 Article 57, 58 or 75(1)].

Textual Amendments

F399 Words in Art. 74 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(a) (with regs. 53, 55)

F400 Art. 74(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(b) (with regs. 53, 55)

F401 Art. 74(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(c) (with regs. 53, 55)

F402 Art. 74(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(d) (with regs. 53, 55)

F403 Art. 74(3A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(e) (with regs. 53, 55)

F404 Art. 74(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(f) (with regs. 53, 55)

F405 Word in Art. 74(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(g)(aa) (with regs. 53, 55)

F406 Words in Art. 74(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(6)(g)(bb) (with regs. 53, 55)

[F407 Article 74a U.K. Commodity classification

The appropriate authority may by regulations amend Annex 11 to the Phytosanitary Conditions Regulation to:

(a) remove the references to any CN codes used in that Annex to identify the plants plant products and other objects listed; or

(b) identify the plants, plant products and other objects listed in that Annex by any alternative commodity code classification system that the appropriate authority considers appropriate.]

Textual Amendments

F407 Art. 74a inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(7) (with regs. 53, 55)

Article 75 U.K. Exceptions for travellers' luggage

1. Small quantities of particular plants, other than plants for planting, and of plant products and other objects from a third country may be exempted from the requirement for a phytosanitary certificate set out in F408 ... Article 72(1), Article 73 or Article 74(1), if they comply with all of the following conditions:

(a) they are introduced into [F409 Great Britain] as part of travellers' personal luggage;

(b) they are not to be used for professional or commercial purposes;

(c) they are listed in [F410 regulations made under] paragraph 2 of this Article.

2. The [F411 appropriate authority may by regulations] list the plants, plant products and other objects referred to in paragraph 1 and the third countries concerned, and set out the maximum quantity, as appropriate, of the plants, plant products and other objects concerned that are to be subject to the exemption of that paragraph and, where appropriate, one or more of the risk management measures set out in Section 1 of Annex II.

That listing and the setting out of the maximum quantity concerned and, where appropriate, the risk management measures shall be decided on the basis of the pest risk posed by small quantities of those plants, plant products and other objects, in accordance with the criteria set out in Section 2 of Annex II.

F412 ...

Textual Amendments

F408 Words in Art. 75(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(8)(a)(i) (with regs. 53, 55)

F409 Words in Art. 75(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(8)(a)(ii) (with regs. 53, 55)

F410 Words in Art. 75(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(8)(a)(iii) (with regs. 53, 55)

F411 Words in Art. 75(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(8)(b)(i) (with regs. 53, 55)

F412 Words in Art. 75(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(8)(b)(ii) (with regs. 53, 55)

Article 76 U.K. Conditions to be fulfilled by a phytosanitary certificate

1. Without prejudice to obligations under the [F413 IPPC] and taking into account relevant international standards, the competent authority shall only accept a phytosanitary certificate accompanying plants, plant products or other objects to be introduced from a third country, if the content of that certificate complies with Part A of Annex V. Where the plants, plant products or other objects are to be introduced from a third country from which they do not originate, the competent authority shall only accept a phytosanitary certificate complying either with Part A or Part B of Annex V.

It shall not accept that phytosanitary certificate where the additional declaration referred to in Article 71(2), where applicable, is not present or not correct, and where the statement referred to in Article 71(3), where applicable, is not present.

It shall not accept a phytosanitary certificate for re-export if that phytosanitary certificate is not accompanied by the original phytosanitary certificate for export, or a certified copy of the original phytosanitary certificate for export.

2. The competent authority shall only accept a phytosanitary certificate if it fulfils the following requirements:

(a) it is issued in [F414 English];

(b) it is addressed to the national plant protection organisation of [F415 the United Kingdom]; and

(c) it has been issued no more than 14 days before the date on which the plants, plant products or other objects covered by it have left the third country in which it was issued.

3. In the case of a third country which is a contracting party to the IPPC, the competent authority shall only accept the phytosanitary certificates issued by the official national plant protection organisation of that third country or, under its responsibility, by a public officer who is technically qualified and duly authorised by that official national plant protection organisation.

[F44 4. In the case of a third country which is not a contracting party to the IPPC, the competent authority shall only accept the phytosanitary certificates issued by the authorities which are competent in accordance with the national rules of that third country and notified to the [F416 UK NPPO]. F417 ...

The [F418 appropriate authority may by regulations] supplement this Regulation concerning the conditions for acceptance referred to in the first subparagraph of this paragraph, to ensure the reliability of those certificates.

5. Electronic phytosanitary certificates shall only be accepted when provided through, or in electronic exchange with, the [F419 appropriate computerised information management system].]

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F413 Word in Art. 76(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(a) (with regs. 53, 55)

F414 Word in Art. 76(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(b)(i) (with regs. 53, 55)

F415 Words in Art. 76(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(b)(ii) (with regs. 53, 55)

F416 Words in Art. 76(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(c)(i)(aa) (with regs. 53, 55)

F417 Words in Art. 76(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(c)(i)(bb) (with regs. 53, 55)

F418 Words in Art. 76(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(c)(ii) (with regs. 53, 55)

F419 Words in Art. 76(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(9)(d) (with regs. 53, 55)

Article 77 U.K. Invalidation of phytosanitary certificate

[F44 1. Where a phytosanitary certificate has been issued in accordance with Article 71(1), (2) and (3), and the competent authority concerned concludes that the conditions referred to in Article 76 are not fulfilled, it shall invalidate that phytosanitary certificate and ensure that it does not accompany any longer those plants, plant products or other objects concerned. In that case, and in respect of the plants, plant products or other objects concerned, the competent authority shall take one of the measures set out in Article 66(3) of Regulation [X1 (EU) 2017/625].]

Upon invalidation, the certificate concerned shall bear on its face and in a prominent position a triangular stamp in red, marked ‘[F420 CERTIFICATE CANCELLED]’ from the F421 ... competent authority, together with its denomination and the date of invalidation. F422 ...

F423 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The [F424 appropriate authority may by regulations] set out technical arrangements concerning the invalidation of the electronic phytosanitary certificates, as referred to in Article 76(5). F425 ...

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F420 Words in Art. 77(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(10)(a)(i)(aa) (with regs. 53, 55)

F421 Word in Art. 77(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(10)(a)(i)(bb) (with regs. 53, 55)

F422 Words in Art. 77(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(10)(a)(ii) (with regs. 53, 55)

F423 Art. 77(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(10)(b) (with regs. 53, 55)

F424 Words in Art. 77(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(10)(c)(i) (with regs. 53, 55)

F425 Words in Art. 77(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(10)(c)(ii) (with regs. 53, 55)

Textual Amendments

F371 Words in Ch. 6 Section 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(2) (with regs. 53, 55)

Section 2 U.K. [F426 UK plant] passports required for the movement of plants, plant products and other objects within [F427 or into Great Britain]

Article 78 U.K. [F428 UK plant] passports

[F429 1. A UK plant passport shall be an official label to be used for:

(a) the movement of plants, plant products and other objects described in Articles 79 and 80 (including the introduction of plants, plant products and other objects into Great Britain from a CD territory); and

(b) the movement of plants, plant products and other objects from Great Britain to a CD territory.

2. Articles 83 to 92 and 93 to 95 apply in relation to any UK plant passport issued in Great Britain.

3. Article 92a applies to any UK plant passport issued in a CD territory that accompanies plants, plant products or other objects that are introduced into Great Britain from that CD territory and are subsequently moved within Great Britain.]

Textual Amendments

F428 Words in Art. 78 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(12)(a) (with regs. 53, 55)

F429 Art. 78 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(12)(b) (with regs. 53, 55)

Article 79 U.K. Plants, plant products and other objects for which a [F430 UK] plant passport is required for movement within [F431 or into Great Britain]

[F432 1. Plants, plant products and other objects listed in Annex 13 to the Phytosanitary Conditions Regulation may not be moved within Great Britain or introduced into Great Britain from a CD territory, unless they are accompanied by a UK plant passport.]

[F433 1A. Paragraph 1 is subject to Articles 81 and 82 [F434 and, in relation to qualifying Northern Ireland goods, to Article 95a(2)].]

F435 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F436 3. The appropriate authority may by regulations amend Annex 13 to the Phytosanitary Conditions Regulation in accordance with the principles set out in Section 2 of Annex 2:

(a) to include a plant, plant product or other object that is not included in Annex 13 to the Phytosanitary Conditions Regulation, where there is a risk that the plant, plant product or other object hosts a GB quarantine pest or a provisional GB quarantine pest;

(b) to remove a plant, plant product or other object listed in that Annex, where the risk that it hosts a GB quarantine pest or a provisional GB quarantine pest no longer exists.]

F437 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from paragraphs 1F438 ... and 3, no [F439 UK] plant passport shall be required for the plants, plant products or other objects which are subject to [F440 Article 47, 48 or 75(1)].

F441 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F430 Word in Art. 79 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(a)(i) (with regs. 53, 55)

F431 Words in Art. 79 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(a)(ii) (with regs. 53, 55)

F432 Art. 79(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(b) (with regs. 53, 55)

F433 Art. 79(1A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(c) (with regs. 53, 55)

F434 Words in Art. 79(1A) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(11)(a)

F435 Art. 79(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(d) (with regs. 53, 55)

F436 Art. 79(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(e) (with regs. 53, 55)

F437 Art. 79(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(f) (with regs. 53, 55)

F438 Word in Art. 79(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(g)(aa) (with regs. 53, 55)

F439 Word in Art. 79(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(11)(b)

F440 Words in Art. 79(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(g)(bb) (with regs. 53, 55)

F441 Art. 79(6) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(13)(h) (with regs. 53, 55)

Article 80 U.K. Plants, plant products and other objects for which a [F442 UK] plant passport is required for introduction into, and movement within, [F443 GB pest-free areas]

[F444 1. Any plants, plant products and other objects described in any entry in column (1) of the table in Annex 14 to Phytosanitary Conditions Regulation may not be introduced into, or moved within, a GB pest-free area specified in the corresponding entry in column (2) of the table unless they are accompanied by a UK plant passport.]

[F445 1A. Paragraph 1 is subject to Articles 81 and 82 [F446 and, in relation to qualifying Northern Ireland goods, to Article 95a(2)].]

F447 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F448 3. The appropriate authority may by regulations amend Annex 14 to the Phytosanitary Conditions Regulation in accordance with the principles set out in Section 2 of Annex 2:

(a) to include a plant, plant product or other object which is not listed in Annex 14 to the Phytosanitary Conditions Regulation, where there is a risk that the plant, plant product or other object hosts a PFA quarantine pest; or

(b) to remove a plant, plant product or other object from the list in Annex 14 to the Phytosanitary Conditions Regulation where the risk that it hosts a PFA quarantine pest no longer exists.]

F449 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from paragraphs 1F450 ... and 3, no [F451 UK] plant passport shall be required for the plants, plant products or other objects which are subject to [F452 Article 57 or 58].

Textual Amendments

F442 Word in Art. 80 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(a)(i) (with regs. 53, 55)

F443 Words in Art. 80 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(a)(ii) (with regs. 53, 55)

F444 Art. 80(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(b) (with regs. 53, 55)

F445 Art. 80(1A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(c) (with regs. 53, 55)

F446 Words in Art. 80(1A) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(12)(a)

F447 Art. 80(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(d) (with regs. 53, 55)

F448 Art. 80(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(e)

F449 Art. 80(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(f) (with regs. 53, 55)

F450 Word in Art. 80(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(g)(aa) (with regs. 53, 55)

F451 Word in Art. 80(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(12)(b)

F452 Words in Art. 80(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(14)(g)(bb) (with regs. 53, 55)

Article 81 U.K. Exception for direct supply to final users

[F453 A1. This Article applies to the movement of plants, plant products or other objects in Great Britain and the introduction of plants, plant products or other objects into Great Britain from a CD territory.]

1. No [F454 UK] plant passport [F455 or other permitted plant passport] shall be required for the movement of plants, plant products or other objects [F456 which are] supplied directly to a final user, including home gardeners.

[F457 1A] That exception shall not apply to:

(a) final users receiving those plants, plant products or other objects by means of sales through distance contracts; or

(b) final users of plants, plant products or other objects [F458 described in an entry (if any) in column (1) of the table in Annex 14 to Phytosanitary Conditions Regulation, who are situated in a GB pest-free area specified in the corresponding entry in column (2) of the table].

[F459 1B. The appropriate authority may by regulations specify that point (b) of paragraph 1A only applies to particular PFA quarantine pests and plants, plant products or other objects.]

2. The [F460 appropriate authority may by regulations supplement] this Regulation by setting out the cases where, for particular plants, plant products or other objects, the exception of paragraph 1 of this Article shall only apply to small quantities. Those [F461 regulations must] define those quantities per period of time as appropriate to the plant, plant product or other object concerned and the respective pest risks.

Textual Amendments

F453 Art. 81(A1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(a) (with regs. 53, 55)

F454 Word in Art. 81(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(i)(aa) (with regs. 53, 55)

F455 Words in Art. 81(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(13)

F456 Words in Art. 81(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(i)(bb) (with regs. 53, 55)

F457 Words in Art. 81(1) renumbered as Art. 81(1A) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(ii) (with regs. 53, 55)

F458 Words in Art. 81(1A)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(ii) (with regs. 53, 55)

F459 Art. 81(1B) substituted for words in Art. 81(1) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(iii) (with regs. 53, 55)

F460 Words in Art. 81(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(c)(i) (with regs. 53, 55)

F461 Words in Art. 81(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(c)(ii) (with regs. 53, 55)

Article 82 U.K. Exceptions for movements within and between the premises of a registered operator

No [F462 UK] plant passport [F463 or other permitted plant passport] shall be required for the movements of plants, plant products and other objects within and between the premises of the same registered operator which are in close proximity to each other.

F464 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F464 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F462 Word in Art. 82 inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(16)(a) (with regs. 53, 55)

F463 Words in Art. 82 inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(14)

F464 Words in Art. 82 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(16)(b) (with regs. 53, 55)

Article 83 U.K. Content and format of the [F465 UK] plant passport

1. [F466 A UK] plant passport shall take the form of a distinct label, made on any substrate suitable for printing the elements [F467 set out in Part A, B, C or D of Annex 7], provided that the plant passport is clearly distinguishable from any other information or label which may also be indicated on that substrate.

The plant passport shall be easily visible and clearly legible, and the information on it shall be unchangeable and durable.

2. [F468 A UK] plant passport F469 ... shall contain the elements set out in Part A of Annex VII [F470 , except where paragraph 4 or 5 applies].

By way of derogation from point 1(e) of Part A of Annex VII, the traceability code shall not be required [F471 on a UK plant passport for the movement of plants for planting in Great Britain, or the introduction of plants for planting into Great Britain from a CD territory,] where [F471 the] plants for planting fulfil all of the following conditions:

(a) they are prepared in such a way that they are ready for the sale to final users without any further preparation and no risk exists concerning the spread of [F472 GB quarantine pests or provisional GB quarantine pests];

(b) they do not belong to types or species [F473 specified in regulations made under] paragraph 3 of this Article.

3. The [F474 the appropriate authority may by regulations] identify types and species of plants for planting for which the exemption referred to in paragraph 2 shall not apply. F475 ...

4. [F476 A UK] plant passport for introduction into, and movement within, a [F477 GB pest-free area or CD pest-free area] shall contain the elements set out in Part B of Annex VII.

5. In the case of plants for planting produced, or made available on the market, as pre-basic, basic or certified material or pre-basic, basic or certified seed or seed potatoes, as respectively referred to in [F478 the relevant legislation on the marketing of seeds and other propagating material, a UK plant passport] shall be included, in a distinct form, in the official label produced in accordance with the respective provisions of [F479 the relevant retained EU law].

[F480 Where this paragraph applies, a UK plant passport must contain:

(a) the elements set out in Part C of Annex 7; or

(b) in the case of plants, plant products or objects which are to be introduced into a GB pest-free area or CD pest-free area, the elements set out in Part D of Annex 7.]

[F481 5A. Where a replacement UK plant passport is issued in relation to plants, plant products or other objects in a relevant NI trade unit pursuant to paragraph 1 or 2 of Article 93, the UK plant passport must contain the element set out in point (1)(g) of Part A of Annex 7 or point (1)(h) of Part B of Annex 7 (as the case may be).]

6. The [F482 appropriate authority may by regulations amend] Parts A, B, C and D of Annex VII in order to adapt the elements set out therein, where applicable, to the development of scientific and technical knowledge.

[F483 7. A UK plant passport must comply with the requirements set out in Commission Implementing Regulation (EU) 2017/2313 setting out the format specifications of the plant passport for movement within the Union territory and the plant passport for introduction into, and movement within, a protected zone.]

[F484 7A. The appropriate authority may by regulations make provision relating to the format or size of UK plant passports.]

8. A [F485 UK] plant passport may also be issued in an electronic form (‘electronic [F486 UK] plant passport’), provided that it contains all the elements [F487 set out in Part A, B, C or D of Annex 7 (as the case may be)], and that the technical arrangements have been set out [F488 in regulations made under paragraph 9].

[F489 9. The appropriate authority may by regulations set out technical arrangements for the issuance of electronic UK plant passports to ensure an appropriate credible and effective mode for their issuance.]

Textual Amendments

F465 Word in Art. 83 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(a) (with regs. 53, 55)

F466 Words in Art. 83(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(b)(i) (with regs. 53, 55)

F467 Words in Art. 83(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(b)(ii) (with regs. 53, 55)

F468 Words in Art. 83(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(i)(aa) (with regs. 53, 55)

F469 Words in Art. 83(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(i)(bb) (with regs. 53, 55)

F470 Words in Art. 83(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(i)(cc) (with regs. 53, 55)

F471 Words in Art. 83(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(ii)(aa) (with regs. 53, 55)

F472 Words in Art. 83(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(ii)(bb) (with regs. 53, 55)

F473 Words in Art. 83(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(ii)(cc) (with regs. 53, 55)

F474 Words in Art. 83(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(d)(i) (with regs. 53, 55)

F475 Words in Art. 83(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(d)(ii) (with regs. 53, 55)

F476 Words in Art. 83(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(e)(i) (with regs. 53, 55)

F477 Words in Art. 83(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(e)(ii) (with regs. 53, 55)

F478 Words in Art. 83(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(f)(i)(aa) (with regs. 53, 55)

F479 Words in Art. 83(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(f)(i)(bb) (with regs. 53, 55)

F480 Words in Art. 83(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(f)(ii) (with regs. 53, 55)

F481 Art. 83(5A) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(15)(a)

F482 Words in Art. 83(6) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(g) (with regs. 53, 55)

F483 Art. 83(7) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(h) (with regs. 53, 55)

F484 Art. 83(7A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(i) (with regs. 53, 55)

F485 Word in Art. 83(8) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(i)(aa) (with regs. 53, 55)

F486 Word in Art. 83(8) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(15)(b)

F487 Words in Art. 83(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(i)(bb) (with regs. 53, 55)

F488 Words in Art. 83(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(i)(cc) (with regs. 53, 55)

F489 Art. 83(9) substituted for words in Art. 83(8) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(ii) (with regs. 53, 55)

Article 84 U.K. Issuance of [F490 UK] plant passports by authorised professional operators and competent authorities

1. [F491 UK plant] passports shall be issued by authorised operators, under the supervision of the competent authorities.

Authorised operators shall issue [F492 UK] plant passports only for the plants, plant products or other objects for which they are responsible.

2. By way of derogation from paragraph 1, competent authorities may also issue [F493 UK] plant passports.

3. Authorised operators shall only issue [F494 UK] plant passports in the premises, collective warehouses and dispatching centres which are under their responsibility and declared by them pursuant to point (d) of Article 66(2) or, where Article 94(1) applies, in another location if so authorised by the competent authority.

Textual Amendments

F490 Word in Art. 84 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(a) (with regs. 53, 55)

F491 Words in Art. 84(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(b)(i) (with regs. 53, 55)

F492 Word in Art. 84(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(b)(ii) (with regs. 53, 55)

F493 Word in Art. 84(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(c) (with regs. 53, 55)

F494 Word in Art. 84(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(18)(c) (with regs. 53, 55)

Article 85 U.K. Substantive requirements for a [F495 UK] plant passport F496 ...

A [F497 UK plant passport may only be issued for the movement of] a plant, plant product or other object [F498 within Great Britain if the plant, plant product or other object] fulfils the following requirements:

(a)

it is free from [F499 GB quarantine pests and provisional GB quarantine pests];

(b)

it complies with the provisions of Article 37(1) concerning the presence of [F500 GB] regulated non-quarantine pests on plants for planting and the provisions of Article [F501 37(4A)] concerning the measures to be taken;

(c)

it complies with the requirements F502 ... referred to in Article 41[F503 (1B)];

(d)

where applicable, it complies with [F504 any requirements specified in regulations made under Article 28(1) or 30(1)];

(e)

where applicable, it complies with [F505 any] measures adopted by the competent [F506 authority] for the eradication of [F507 GB] quarantine pests pursuant to Article 17(1) or [F508 the eradication of provisional GB quarantine pests pursuant to regulations made under Article 30(1)].

Textual Amendments

F495 Word in Art. 85 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(a)(i) (with regs. 53, 55)

F496 Words in Art. 85 heading omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(a)(ii) (with regs. 53, 55)

F497 Words in Art. 85 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(b)(i) (with regs. 53, 55)

F498 Words in Art. 85 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(b)(ii) (with regs. 53, 55)

F499 Words in Art. 85(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(c) (with regs. 53, 55)

F500 Word in Art. 85(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(d)(i) (with regs. 53, 55)

F501 Word in Art. 85(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(d)(ii) (with regs. 53, 55)

F502 Words in Art. 85(c) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(e)(i) (with regs. 53, 55)

F503 Word in Art. 85(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(e)(ii) (with regs. 53, 55)

F504 Words in Art. 85(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(f) (with regs. 53, 55)

F505 Word in Art. 85(e) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(g)(i) (with regs. 53, 55)

F506 Word in Art. 85(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(g)(ii) (with regs. 53, 55)

F507 Word in Art. 85(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(g)(iii) (with regs. 53, 55)

F508 Words in Art. 85(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(19)(g)(iv) (with regs. 53, 55)

Article 86 U.K. Substantive requirements for a [F509 UK] plant passport for movement into and within a [F510 GB pest-free area]

[F511 A1. This Article applies to any plant, plant product or other object of a description specified in any entry in column (1) of the table in Annex 14 to the Phytosanitary Conditions Regulation which is to be introduced into, or moved within, a GB pest-free area specified in the corresponding entry in column (2) of the table.]

1. A [F512 UK plant passport may only be issued for the introduction into, or movement within, a GB pest-free area of a plant, plant product or other object if it] fulfils all of the requirements of Article 85, and in addition the following requirements:

(a) it is free from the [F513 PFA quarantine pest which relates to that GB pest-free area]; and

(b) it complies with the requirements referred to in Article 54[F514 (1)].

2. [F515 But where Article 33(2) applies, a UK plant passport may] not be issued for plants, plant products or other objects originating in the demarcated area concerned and which may host the [F516 PFA quarantine] pest concerned.

Textual Amendments

F509 Word in Art. 86 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(a)(i) (with regs. 53, 55)

F510 Words in Art. 86 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(a)(ii) (with regs. 53, 55)

F511 Art. 86(A1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(b) (with regs. 53, 55)

F512 Words in Art. 86(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(c)(i) (with regs. 53, 55)

F513 Words in Art. 86(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(c)(ii) (with regs. 53, 55)

F514 Word in Art. 86(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(c)(iii) (with regs. 53, 55)

F515 Words in Art. 86(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(d)(i) (with regs. 53, 55)

F516 Words in Art. 86(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(20)(d)(ii) (with regs. 53, 55)

[F517 Article 86a U.K. UK plant passports for the introduction of plants, plant products and other objects into CD territories from Great Britain

1. This Article applies to any plant, plant product or other object which is to be introduced into a CD territory from Great Britain and is required by the relevant CD legislation to be accompanied by a UK plant passport on its introduction into that territory.

2. A UK plant passport may only be issued for the introduction of a plant, plant product or other object into a CD territory if the plant, plant product or other object:

(a) fulfils all of the requirements of Articles 85 and 86, where applicable; and

(b) fulfils any additional requirements that apply under the relevant CD legislation to the introduction of that plant, plant product or other object into the CD territory.]

Textual Amendments

F517 Art. 86a inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(21) (with regs. 53, 55)

Article 87 U.K. Examinations for [F518 UK] plant passports

1. A [F519 UK] plant passport may only be issued for plants, plant products and other objects for which a meticulous examination in accordance with paragraphs 2, 3 and 4 has shown that they fulfil the requirements of Article 85, and, where applicable, [F520 Articles 86 and 86a].

Plants, plant products and other objects may either be examined individually or by representative samples. The examination shall also cover the packaging material of the plants, plant products or other objects concerned.

2. The examination shall be carried out by the authorised operator. However, in the following cases, the examination shall be carried out by the competent authority:

(a) where point (c) of the first subparagraph of paragraph 3 of this Article applies concerning inspections, sampling and testing;

(b) where Article 84(2) applies; or

(c) where an examination is carried out in the immediate vicinity as referred to in point (b) of the first subparagraph of paragraph 3 of this Article and the authorised operator does not have access to that immediate vicinity.

3. The examination shall fulfil all of the following conditions:

(a) it shall be carried out at appropriate times and taking into account the risks involved;

(b) it shall be carried out at the premises referred to in point (d) of Article 66(2). Where so required [F521 by or under regulations made under Article 28(1) or 30(1) or pursuant to Article 37(4A), 41(1B) or 54(1)], an examination shall also be carried out in the immediate vicinity of the place of production of the plants, plant products or other object concerned;

(c) it shall be made at least by visual examination, complemented by:

(i)

inspections, sampling and testing by the competent authority in the event of suspicion of the presence of a [F522 GB] quarantine pest or [F523 provisional GB quarantine pest], or in the event of the suspicion of the presence of a [F524 PFA quarantine pest in the relevant GB pest-free area]; or

(ii)

sampling and testing in the event of suspicion of the presence of a [F525 GB] regulated non-quarantine pest, where applicable above the respective thresholds;

(d) its results shall be recorded and stored for at least three years.

That examination shall take place without prejudice to any specific examination requirements or measures [F526 applicable by virtue of regulations made under Article 28(1) or 30(1), or requirements or measures under Article 37(4A), 41(1B) or 54(1), and in the case of plants, plant products and other objects that are to be introduced into a CD territory, under the relevant CD legislation]. Where those examination requirements or measures require the examination to be carried out by the competent authority, that examination shall not be carried out by the authorised operator referred to in paragraph 2 of this Article.

4. The [F527 appropriate authority may by regulations supplement] this Regulation by setting out detailed measures concerning visual examination, sampling and testing, and the frequency and timing of the examinations, referred to in paragraphs 1, 2 and 3 of this Article, with regard to specific plants, plant products and other objects, on the basis of the particular pest risks they may present. Those examinations shall, where appropriate, concern certain plants for planting belonging to pre-basic, basic, or certified material, seed or seed potatoes, or standard or CAC material or seed [F528 in accordance with relevant legislation on the marketing of seeds and other propagating material].

[F529 5. Where regulations made under paragraph 4 make provision in relation to specific plants for planting, and those plants for planting are subject to certification schemes under relevant legislation on the marketing of seeds and other propagating material, the regulations must set out the requirements as regards the examinations for the presence of GB quarantine pests, provisional GB quarantine pests and GB regulated non-quarantine pests, and other characteristics of the plants for planting under the relevant legislation, in a single certification scheme.]

[F530 6. Regulations made under paragraph 4 must take account of developments in scientific and technical knowledge and international standards.]

Textual Amendments

F518 Word in Art. 87 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(23) (with regs. 53, 55)

F519 Word in Art. 87(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(24)(a) (with regs. 53, 55)

F520 Words in Art. 87(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(24)(b) (with regs. 53, 55)

F521 Words in Art. 87(3)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(i) (with regs. 53, 55)

F522 Word in Art. 87(3)(c)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(ii)(aa) (with regs. 53, 55)

F523 Words in Art. 87(3)(c)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(ii)(bb) (with regs. 53, 55)

F524 Words in Art. 87(3)(c)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(ii)(cc) (with regs. 53, 55)

F525 Word in Art. 87(3)(c)(ii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(a)(iii) (with regs. 53, 55)

F526 Words in Art. 87(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(25)(b) (with regs. 53, 55)

F527 Words in Art. 87(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(26)(a)(i) (with regs. 53, 55)

F528 Words in Art. 87(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(26)(a)(ii) (with regs. 53, 55)

F529 Art. 87(5) substituted for words in Art. 87(4) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(26)(b) (with regs. 53, 55)

F530 Art. 87(6) substituted for words in Art. 87(4) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(26)(c) (with regs. 53, 55)

Article 88 U.K. Attaching of the [F531 UK] plant passports

[F532 UK plant] passports [F533 issued in Great Britain] shall be attached by the professional operators concerned to the trade unit of the plants, plant products and other objects concerned before they are moved within [F534 Great Britain] pursuant to Article 79 or into or within a [F535 GB pest-free area] pursuant to Article 80 [F536 , or before they are introduced into a CD territory]. Where such plants, plant products or other objects are moved in a package, bundle or container, the [F537 UK] plant passport shall be attached to that package, bundle or container.

Textual Amendments

F531 Word in Art. 88 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(a) (with regs. 53, 55)

F532 Words in Art. 88 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(aa) (with regs. 53, 55)

F533 Words in Art. 88 inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(bb) (with regs. 53, 55)

F534 Words in Art. 88 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(cc) (with regs. 53, 55)

F535 Words in Art. 88 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(dd) (with regs. 53, 55)

F536 Words in Art. 88 inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(i)(ee) (with regs. 53, 55)

F537 Word in Art. 88 inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(27)(b)(ii) (with regs. 53, 55)

Article 89 U.K. Authorisation of professional operators to issue [F538 UK] plant passports

1. The competent authority shall grant an authorisation to a professional operator to issue [F539 UK] plant passports (‘the authorisation to issue [F539 UK] plant passports’) for particular families, genera or species, and commodity types of plants, plant products and other objects where that professional operator complies with both of the following conditions:

(a) it possesses the necessary knowledge to carry out the examinations referred to in Article 87 concerning the [F540 GB quarantine pests, provisional GB quarantine pests, PFA quarantine pests, CD quarantine pests and GB] regulated non-quarantine pests that could affect the plants, plant products and other objects concerned, and concerning the signs of the presence of those pests, the symptoms caused by them, and the means to prevent the presence and spread of those pests;

(b) it has in place systems and procedures enabling it to fulfil its obligations concerning traceability pursuant to Articles 69 and 70.

2. The [F541 appropriate authority may by regulations supplement] this Regulation by setting out criteria to be fulfilled by the professional operators in order for them to comply with the conditions set out in point (a) of paragraph 1 of this Article and procedures to ensure that those criteria are met.

Textual Amendments

F538 Word in Art. 89 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(28)(a) (with regs. 53, 55)

F539 Word in Art. 89(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(28)(b)(i) (with regs. 53, 55)

F540 Words in Art. 89(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(28)(b)(ii) (with regs. 53, 55)

F541 Words in Art. 89(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(28)(c) (with regs. 53, 55)

Article 90 U.K. Obligations of authorised operators

1. Where an authorised operator intends to issue a [F542 UK] plant passport, it shall identify and monitor the points of its production process, and the points concerning the movement of plants, plant products and other objects, which are critical as regards compliance with [F543 Articles 33(2), 37(4A), 41(1B), 54(1), 85, 86, 86a and 87 (as the case may be) and any requirements specified in regulations made under Article 28(1) or 30(1)].

It shall keep for at least three years records concerning the identification and monitoring of those points.

2. The authorised operator referred to in paragraph 1 shall ensure that appropriate training is provided, when necessary, to its personnel involved in the examinations referred to in Article 87, in order to ensure that that personnel possesses the necessary knowledge to carry out those examinations.

Textual Amendments

F542 Word in Art. 90(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(29)(a) (with regs. 53, 55)

F543 Words in Art. 90(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(29)(b) (with regs. 53, 55)

Article 91 U.K. Pest risk management plans

1. Authorised operators may have in place pest risk management plans. The competent authority shall approve those plans, if they fulfil all of the following conditions:

(a) they set out measures which are appropriate for those operators to fulfil the obligations set out in Article 90(1);

(b) they fulfil the requirements set out in paragraph 2 of this Article.

[F44 Authorised operators implementing an approved pest risk management plan may be subject to inspections with a reduced frequency, as referred to in point (b) of Article 22(3) of Regulation [X1 (EU) 2017/625].]

2. The pest risk management plans shall cover, where appropriate in the form of standard operating procedure manuals, at least the following:

(a) the information required under Article 66(2) concerning the registration of the authorised operator;

(b) the information required under Articles 69(4) and 70(1) concerning the traceability of plants, plant products and other objects;

(c) a description of the production processes of the authorised operator and its activities as regards movement and sales of plants, plant products and other objects;

(d) an analysis of the critical points referred to in Article 90(1) and the measures taken by the authorised operator to mitigate the pest risks associated with those critical points;

(e) the procedures in place and actions foreseen where quarantine pests are suspected or found to be present, the recording of those suspicions or findings and the recording of the actions taken;

(f) the roles and responsibilities of the personnel involved in the notifications referred to in Article 14, the examinations referred to in Article 87(1), the issuance of [F544 UK plant passports] pursuant to Article 84(1), Article 93(1) and (2) and Article 94, and the attaching of [F544 UK plant passports] pursuant to Article 88; and

(g) the training provided to the personnel referred to in point (f) of this paragraph.

3. Where the competent authority becomes aware that the professional operator concerned does not apply the measures referred to in point (a) of the first subparagraph of paragraph 1, or that a pest risk management plan is no longer up to date with any of the requirements referred to in point (b) of the first subparagraph of paragraph 1, that authority shall without delay take the measures necessary to ensure that non-compliance with those conditions does not continue. Those measures may include the withdrawal of the approval of that plan.

Where the competent authority has taken measures in accordance with the first subparagraph other than the withdrawal of the approval of the plan, and the non-compliance continues, that authority shall without delay withdraw that approval.

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F544 Words in Art. 91(2)(f) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(30) (with regs. 53, 55)

Article 92 U.K. Inspections and withdrawal of authorisation

1. The competent authority shall carry out inspections at least once per year, and sampling and testing if appropriate, to verify whether the authorised operators comply with [F545 , where applicable,] Article 83(1), (2), (4) [F546 and] (5), Article 87, Article 88, Article 89(1), Article 90 [F546 and] Article 93(1), (2), (3) [F546 and] (5) [F547 and, in relation to qualifying Northern Ireland goods, Article 95a].

2. Where the competent authority becomes aware that an authorised operator does not comply with the provisions referred to in paragraph 1 or that a plant, plant product or other object, for which that professional operator has issued a [F548 UK] plant passport, does not comply with [F549 the relevant requirements], that authority shall without delay take the measures necessary to ensure that non-compliance with those provisions does not continue.

Those measures may include the withdrawal of the authorisation to issue [F550 UK] plant passports for the plants, plant products and other objects concerned.

3. Where the competent authority has taken measures in accordance with paragraph 2 other than the withdrawal of the authorisation to issue [F551 UK] plant passports for the plants, plant products and other objects concerned, and non-compliance with [F552 the relevant requirements] continues, that authority shall without delay withdraw that authorisation.

[F553 4. In this Article, ‘the relevant requirements’ means:

(a) in the case of a relevant NI trade unit’, the requirements in Article 85 and, where applicable, Article 86 of the EU Plant Health Regulation;

(b) in the case of any other trade unit, the requirements in Article 85 and, where applicable, Article 86 or 86a of this Regulation.]

Textual Amendments

F545 Words in Art. 92(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(a)(i) (with regs. 53, 55)

F546 Word in Art. 92(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(a)(ii) (with regs. 53, 55)

F547 Words in Art. 92(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(a)

F548 Word in Art. 92(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(b)(i)(aa) (with regs. 53, 55)

F549 Words in Art. 92(2) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(b)

F550 Word in Art. 92(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(b)(ii) (with regs. 53, 55)

F551 Word in Art. 92(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(31)(c)(i) (with regs. 53, 55)

F552 Words in Art. 92(3) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(b)

F553 Art. 92(4) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(16)(c)

[F554 Article 92a U.K. UK plant passports issued in CD territories

1. A UK plant passport issued in a CD territory may only accompany plants, plant products or other objects that are introduced into Great Britain from that CD territory, and are subsequently moved within Great Britain, if the UK plant passport:

(a) has been issued, in accordance with the relevant legislation in the CD territory, by the CD authority for that territory or by a professional operator under the supervision of the CD authority;

(b) is in the relevant form and has the relevant content specified in Article 83; and

(c) is attached to the trade unit of the plants, plant products or other objects, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container.

2. In paragraph 1, ‘relevant legislation’ means legislation containing provision which only permits UK plant passports to be issued for plants, plant products or other objects that are to be introduced into Great Britain if:

(a) the plants, plant products or other objects:

(i) are free from GB quarantine pests, provisional GB quarantine pests, and where applicable, PFA quarantine pests;

(ii) comply with the provisions of Article 37(1) concerning the presence of GB regulated non-quarantine pests on plants for planting and the provisions of Article 37(4A) concerning the measures to be taken;

(iii) comply with the requirements concerning their introduction into, and movement within, Great Britain referred to in Article 41(1A) and (1B) and, where applicable, the requirements referred to in Article 54(1);

(iv) comply with any requirements specified in regulations made under Article 28(1) or 30(1); and

(v) comply with any measures adopted by the competent authority for the eradication of GB quarantine pests pursuant to Article 17(1) or the eradication of provisional GB quarantine pests pursuant to regulations made under Article 30(1); and

(b) examinations have been carried out for the purpose of attesting that the plants, plant products or other objects fulfil those requirements in a manner equivalent to the examinations required under Article 87 in respect of UK plant passports issued for the movement of plants, plant products or other objects within Great Britain.]

Textual Amendments

F554 Art. 92a inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(32) (with regs. 53, 55)

Article 93 U.K. Replacing a [F555 UK] plant passport

1. An authorised operator which has received a trade unit of plants, plant products or other objects for which a [F556 UK plant passport] [F557 or other permitted plant passport] has been issued, or the competent authority acting on request of a professional operator, may issue a new [F556 UK plant passport] for that trade unit, replacing the [F556 UK plant passport] [F557 or other permitted plant passport] initially issued for that trade unit, provided that the conditions of paragraph 3 are fulfilled.

2. Where a trade unit of plants, plant products or other objects for which a [F556 UK plant passport] [F558 or other permitted plant passport] has been issued is divided into two or more new trade units, the authorised operator responsible for those new trade units, or the competent authority acting on request of a professional operator, shall issue a [F556 UK plant passport] for each new trade unit resulting from the division, provided that the conditions set out in paragraph 3 are fulfilled. Those [F559 UK] plant passports shall replace the [F556 UK plant passport] [F558 or other permitted plant passport] issued for the initial trade unit.

3. A [F556 UK plant passport], as provided for in paragraphs 1 and 2, may only be issued if the following conditions are fulfilled:

(a) the traceability requirements referred to in Article 69(3) concerning the plants, plant products or other objects concerned are fulfilled;

(b) as applicable, the plants, plant products or other objects concerned continue to comply with the requirements referred to in Articles 85 and 86; and

(c) the characteristics of the plants, plant products or other objects concerned have not changed.

4. Where a [F556 UK plant passport] is issued pursuant to paragraph 1 or 2, the examination referred to in Article 87(1) shall not be required.

5. Following the replacement of a [F556 UK plant passport] [F560 or other permitted plant passport] pursuant to paragraph 1 or 2, the authorised operator concerned shall retain the replaced [F556 UK plant passport] [F560 or other permitted plant passport] or its content for at least three years.

Where the replacement of a [F556 UK plant passport] pursuant to paragraph 1 or 2 is carried out by the competent authority, the professional operator on whose request it is issued shall retain the replaced [F556 UK plant passport] [F561 or other permitted plant passport, or its content,] for at least three years.

That retainment may take the form of storage of the information contained in the [F556 UK plant passport] [F562 or other permitted plant passport] in a computerised database, provided that this includes the information contained in any traceability barcode, hologram, chip or other data carrier which may supplement the traceability code as referred to in Annex VII.

[F563 6. In paragraph 3(b), ‘the requirements referred to in Articles 85 and 86’ means:

(a) in the case of a relevant NI trade unit, the requirements referred to in Articles 85 and 86 of the EU Plant Health Regulation;

(b) in the case of any other trade unit, the requirements referred to in Articles 85 and 86 of this Regulation.]

Textual Amendments

F555 Word in Art. 93 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(33)(a) (with regs. 53, 55)

F556 Words in Art. 93(1)-(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(33)(b) (with regs. 53, 55)

F557 Words in Art. 93(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(a)

F558 Words in Art. 93(2) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(b)

F559 Word in Art. 93(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(33)(c) (with regs. 53, 55)

F560 Words in Art. 93(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(c)(i)

F561 Words in Art. 93(5) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(c)(ii)

F562 Words in Art. 93(5) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(c)(iii)

F563 Art. 93(6) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(17)(d)

Article 94 U.K. [F564 UK plant] passports replacing phytosanitary certificates

[F44 1. By way of derogation from Article 87 of this Regulation, where a plant, plant product or other object [F565 is introduced into Great Britain from a third country and a UK plant passport is required for the movement of the plant, plant product or other object within Great Britain] pursuant to Article 79(1) and 80(1) of this Regulation, [F566 a UK plant passport] shall be issued if the checks under Article 49(1) of Regulation [X1 (EU) 2017/625]. concerning its introduction have been completed satisfactorily and have led to the conclusion that the plant, plant product or other object concerned fulfils the substantive requirements for issuance of a [F567 UK] plant passport in accordance with to Article 85 of this Regulation and, where appropriate, Article 86 of this Regulation.]

The replacement of a phytosanitary certificate by a [F568 UK plant passport] may be carried out at the place of destination of the plant, plant product or other object concerned, instead of the point of entry, where checking at the place of destination is allowed F569 ....

[F570 2. By way of derogation from the first subparagraph of paragraph 1, a UK plant passport need not be issued for the movement of a plant, plant product or other object from its place of entry into Great Britain to its initial destination in Great Britain if the plant, plant product or other object is accompanied by a copy, issued by the competent authority, of the original phytosanitary certificate that accompanied it on its arrival in Great Britain.]

3. The competent authority shall retain the phytosanitary certificate for at least three years. That retainment may take the form of storage of the information contained in the phytosanitary certificate in a computerised database.

Where point (a) of Article 101(2) applies, that phytosanitary certificate shall be replaced by a certified copy thereof.

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F564 Words in Art. 94 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(a) (with regs. 53, 55)

F565 Words in Art. 94(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(b)(i)(aa) (with regs. 53, 55)

F566 Words in Art. 94(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(b)(i)(bb) (with regs. 53, 55)

F567 Word in Art. 94(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(b)(i)(cc) (with regs. 53, 55)

F568 Words in Art. 94(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(b)(ii)(aa) (with regs. 53, 55)

F569 Words in Art. 94(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(b)(ii)(bb) (with regs. 53, 55)

F570 Art. 94(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(34)(c) (with regs. 53, 55)

Article 95 U.K. Invalidation and removal of [F571 a UK] plant passport

[F572 A1. This Article applies where a professional operator becomes aware that a trade unit of plants, plant products or other objects, which is under the operator's control does not comply with any of the [F573 relevant requirements].]

1. [F574 The professional operator must invalidate the UK plant passport [F575 or other permitted plant passport] and, where possible, remove it from that trade unit.]

Without prejudice to the notification obligation referred to in Article 14, that professional operator shall inform the competent authority under the competence of which it operates.

2. Where the professional operator fails to comply with paragraph 1, the competent authority shall invalidate the [F576 UK plant passport] [F577 or other permitted plant passport] and, where possible, remove it from the trade unit concerned.

3. Where paragraphs 1 and 2 apply, the professional operator concerned shall retain the invalidated [F576 UK plant passport] [F578 or other permitted plant passport] or its content for at least three years.

That retention may take the form of storage of the information contained in the invalidated [F576 UK plant passport] [F578 or other permitted plant passport] in a computerised database, provided that this includes the information contained in any traceability barcode, hologram, chip or other data carrier which may supplement the traceability code as referred to in Annex VII, and a statement concerning that invalidation.

4. Where paragraphs 1 and 2 apply [F579 in relation to a UK plant passport], the professional operator concerned shall inform accordingly the authorised operator, or competent authority, who issued the invalidated [F576 UK plant passport].

F580 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F581 6. In paragraph A1, ‘relevant requirements’ means:

(a) in the case of a relevant NI trade unit, the requirements in Articles 83 to 87, 89, 90, 93 or 94 of the EU Plant Health Regulation;

(b) in the case of any other trade unit, the requirements in Articles 83 to 86, 87, 89, 90, 92a, 93 or 94 of this Regulation.]

Textual Amendments

F571 Words in Art. 95 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(a) (with regs. 53, 55)

F572 Art. 95(A1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(b) (with regs. 53, 55)

F573 Words in Art. 95(A1) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(a)

F574 Art. 95(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(c) (with regs. 53, 55) (as amended by S.I. 2020/1631, regs. 1(2), 8(3))

F575 Words in Art. 95(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(b)

F576 Words in Art. 95(2)-(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(d) (with regs. 53, 55)

F577 Words in Art. 95(2) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(c)

F578 Words in Art. 95(3) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(d)

F579 Words in Art. 95(4) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(e)

F580 Art. 95(5) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(35)(e) (with regs. 53, 55)

F581 Art. 95(6) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(18)(f)

[F582 Article 95a U.K. Introduction of qualifying Northern Ireland goods into Great Britain and their movement within Great Britain

1. [F583 Subject to paragraph 1A, a relevant] NI trade unit which is introduced directly into Great Britain from Northern Ireland must be accompanied, on its introduction into Great Britain, by the plant passport which was required for its movement within Northern Ireland in accordance with the EU Plant Health Regulation.

[F584 1A. Where a relevant NI trade unit referred to in paragraph 1 has previously been introduced into Northern Ireland from Great Britain on or after the date on which the SPS Regulation came into force, it must be accompanied, on its re-introduction into Great Britain, by either—

(a) the plant passport referred to in paragraph 1, or

(b) the plant health label which was required for its introduction into Northern Ireland in accordance with the SPS Regulation.]

2. A relevant NI trade unit which has been introduced into Great Britain from Northern Ireland in accordance with paragraph 1 [F585 or paragraph 1A] may be moved within Great Britain if it is accompanied by the plant passport referred to in paragraph 1 [F585 or paragraph 1A] [F586 or the plant health label referred to in paragraph 1A].

[F587 3. In paragraph 1A, ‘the SPS Regulation’ means Regulation (EU) 2023/1231 of the European Parliament and of the Council of 14 June 2023 on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland.]]

Textual Amendments

F582 Art. 95a inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(19)

F583 Words in Art. 95a(1) substituted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(a)

F584 Art. 95a(1A) inserted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(b)

F585 Words in Art. 95a(2) inserted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(c)(i)

F586 Words in Art. 95a(2) inserted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(c)(ii)

F587 Art. 95a(3) inserted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 9(2)(d)

Textual Amendments

F426 Words in Ch. 6 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(11)(a) (with regs. 53, 55)

F427 Words in Ch. 6 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(11)(b) (with regs. 53, 55)

Section 3 U.K. Other attestations

Article 96 U.K. Marking of wood packaging material, wood, or other objects

1. The mark applied on wood packaging material, wood or other objects to attest that a treatment has been applied in accordance with Annex 1 to ISPM15 shall comply with the requirements set out in Annex 2 to ISPM15 in all of the following cases:

(a) wood packaging material introduced into [F588 Great Britain] from a third country, as referred to in Article 43;

(b) wood packaging material marked within [F588 Great Britain], moving out of [F588 Great Britain] [F589 to a third country or Northern Ireland];

(c) wood packaging material, wood or other objects moving within [F588 Great Britain] [F590 or into Great Britain from a CD territory, if so required by regulations made under Article 28(1) or 30(1), or by Article 41 or 54(1), or in the case of wood packaging material moving from Great Britain to a CD territory, if required by legislation in force in that CD territory;]

(d) any other wood packaging material, wood or other object marked within [F588 Great Britain];

The mark shall only be applied where the wood packaging material, wood or other objects have been subject to one or more of the approved treatments referred to in Annex 1 to ISPM15, without prejudice to Regulations (EC) No 1005/2009(24), (EC) No 1107/2009(25) and (EU) No 528/2012(26) of the European Parliament and of the Council.

For wood packaging material, wood or other objects marked in [F591 Great Britain], the mark shall only be applied by a registered operator authorised in accordance with Article 98.

Points (a) and (b) of the first subparagraph shall not apply to wood packaging material which is subject to the exemptions provided for in ISPM15.

2. The [F592 appropriate authority may by regulations amend] the requirements set out in paragraph 1 of this Article in order to adapt them to the development of international standards and in particular to ISPM15.

Textual Amendments

F588 Words in Art. 96(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(a)(i)(aa) (with regs. 53, 55)

F589 Words in Art. 96(1)(b) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(a)(i)(bb) (with regs. 53, 55)

F590 Words in Art. 96(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(a)(i)(cc) (with regs. 53, 55)

F591 Words in Art. 96(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(a)(ii) (with regs. 53, 55)

F592 Words in Art. 96(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(36)(b) (with regs. 53, 55)

Article 97 U.K. Repairing of wood packaging material in [F593 Great Britain]

1. Wood packaging material that is marked with the mark referred to in Article 96 shall only be repaired if all of the following conditions are fulfilled:

(a) the person carrying out that repair is a registered operator authorised in accordance with Article 98;

(b) the material and treatment used are eligible for repair;

(c) the mark is applied anew, as appropriate.

2. The [F594 appropriate authority may by regulations] set out specific arrangements concerning the material, treatment and marking referred to in paragraph 1 [F595 , taking into account relevant international standards and in particular ISPM15]. F596 ...

3. Paragraphs 1 and 2 shall not apply where a professional operator permanently obliterates by any means all earlier applications of that mark from the wood packaging material.

Textual Amendments

F593 Words in Art. 97 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(37)(a) (with regs. 53, 55)

F594 Words in Art. 97(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(37)(b)(i)(aa) (with regs. 53, 55)

F595 Words in Art. 97(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(37)(b)(i)(bb) (with regs. 53, 55)

F596 Words in Art. 97(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(37)(b)(ii) (with regs. 53, 55)

Article 98 U.K. Authorisation and supervision of registered operators applying the mark of wood packaging material in [F597 Great Britain]

1. An authorisation to apply the mark referred to in Article 96 and to repair wood packaging material in accordance with Article 97 shall be granted by the competent authority on application to a registered operator provided that the registered operator fulfils both of the following conditions:

(a) it possesses the necessary knowledge to carry out the treatment of the wood packaging material, wood and other objects required pursuant to [F598 regulations] referred to in Articles 96 and 97;

(b) it operates appropriate facilities and equipment to carry out that treatment (‘treatment facilities’);

The [F599 appropriate authority may by regulations supplement] this Regulation by specifying the requirements for authorisation, where appropriate in view of the development of scientific and technical knowledge and international standards.

2. An authorisation to apply the mark referred to in Article 96 and to repair wood packaging material according to Article 97 shall be granted by the competent authority on application to a registered operator using wood treated in a facility of another operator, provided that it fulfils all of the following conditions in respect of wood packaging material marked with that mark:

(a) it exclusively uses wood:

(i)

which has been subject to one or more of the approved treatments referred to in Annex 1 of ISPM15 and has been treated in facilities operated by a registered operator authorised pursuant to paragraph 1 of this Article; or

(ii)

which has been subject to one or more of the approved treatments referred to in Annex 1 of ISPM15 in a treatment facility in a third country that has been approved by the national plant protection organisation of that third country;

(b) it ensures that the wood used for that purpose can be traced back to [F600 the treatment facilities referred to in point (a)(i) and (ii) of this paragraph];

(c) where applicable pursuant to [F601 regulations made under Article 28(1) or 30(1), or pursuant to Article 41 or 54(1)], it exclusively uses wood referred to in point (a) of this subparagraph which is accompanied by a [F602 UK] plant passport or any other document providing guarantees that the treatment requirements referred to in Annex 1 to ISPM15 are fulfilled.

3. The competent authority shall supervise at least once per year the registered operators [F603 it has] authorised pursuant to paragraphs 1 and 2 to verify and ensure that they treat and mark as appropriate wood packaging material, wood and other objects in accordance with Article 96(1) and Article 97 and fulfil the conditions set out respectively in paragraphs 1 and 2 of this Article.

4. Where [F604 any of the competent authorities] becomes aware that a professional operator does not comply with the requirements referred to in paragraphs 1 or 2, that authority shall without delay take the measures necessary to ensure that the non-compliance with those provisions does not continue.

Where the competent authority has taken those measures other than the withdrawal of the authorisation referred to in paragraphs 1 or 2, and the non-compliance continues, that authority shall without delay withdraw the authorisation referred to in paragraphs 1 or 2.

Textual Amendments

F597 Words in Art. 98 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(a) (with regs. 53, 55)

F598 Word in Art. 98(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(b)(i) (with regs. 53, 55)

F599 Words in Art. 98(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(b)(ii) (with regs. 53, 55)

F600 Words in Art. 98(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(c)(i) (with regs. 53, 55)

F601 Words in Art. 98(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(c)(ii)(aa) (with regs. 53, 55)

F602 Word in Art. 98(2)(c) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(c)(ii)(bb) (with regs. 53, 55)

F603 Words in Art. 98(3) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(d) (with regs. 53, 55)

F604 Words in Art. 98(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(38)(e) (with regs. 53, 55)

Article 99 U.K. Attestations other than the mark of wood packaging material

1. The [F605 appropriate authority may by regulations supplement] this Regulation by setting out the elements to be contained in official attestations specific for plants, plant products or other objects, other than wood packaging material, which are required by the applicable international standards as form of proof of the implementation of measures [F606 specified in regulations made under Article 28(1), 30(1) or 44(1), or the implementation of measures specified in the requirements to be fulfilled under Article 41 or 54(1)].

2. [F607 Those regulations] may also set out requirements concerning one or more of the following:

(a) the authorisation of professional operators as regards the issuance of the official attestations referred to in paragraph 1;

(b) the supervision by the competent authority of the professional operators authorised pursuant to point (a) of this paragraph;

(c) the withdrawal of that authorisation referred to in point (a) of this paragraph.

3. The [F608 appropriate authority may by regulations make provision about] the format specifications of the attestations referred to in paragraph 1 of this Article. F609 ...

Textual Amendments

F605 Words in Art. 99(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(39)(a)(i) (with regs. 53, 55)

F606 Words in Art. 99(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(39)(a)(ii) (with regs. 53, 55)

F607 Words in Art. 99(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(39)(b) (with regs. 53, 55)

F608 Words in Art. 99(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(39)(c)(i) (with regs. 53, 55)

F609 Words in Art. 99(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(39)(c)(ii) (with regs. 53, 55)

Section 4 U.K. Export of plants, plant products and other objects from [F610 Great Britain]

[F611 Article 99a U.K. Interpretation

In Articles 100 and 101, “relevant phytosanitary import requirements” means:

(a) in relation to the export of plants, plant products or other objects to a third country other than an EU Member State, the phytosanitary import requirements of that third country;

(b) in relation to the export of plants, plant products or other objects to an EU Member State, the phytosanitary import requirements of the European Union;

(c) in relation to the movement of plants, plant products or other objects to Northern Ireland, the phytosanitary import requirements of the European Union that apply by virtue of the Protocol on Ireland/Northern Ireland to the withdrawal agreement.]

Textual Amendments

F611 Art. 99a inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(41) (with regs. 53, 55)

Article 100 U.K. Phytosanitary certificate for export from [F612 Great Britain]

1. Where, for the export of a plant, plant product or other object from [F613 Great Britain] to a third country [F614 or Northern Ireland], a phytosanitary certificate is required by the [F615 relevant phytosanitary import requirements] (‘phytosanitary certificate for export’), that certificate shall be issued by the competent authority, at the request of the professional operator, when all of the following conditions are fulfilled:

(a) the professional operator is registered by that competent authority in accordance with Article 65;

(b) the professional operator has under its control the plant, plant product or other object to be exported;

(c) it is ensured that that plant, plant product or other object complies with the [F616 relevant phytosanitary import requirements].

The competent authority shall also issue a phytosanitary certificate for export at the request of persons other than professional operators, provided that the conditions set out in points (b) and (c) of the first subparagraph are fulfilled.

For the purpose of this paragraph, the competent authority shall not delegate the issuance of the phytosanitary certificate for export to any other person.

2. Without prejudice to obligations under the IPPC, and taking into account the relevant international standards, the phytosanitary certificate for export shall be issued where the information available allows the competent authority to certify compliance of the plant, plant product or other object concerned with the [F617 relevant phytosanitary import requirements]. That information may originate from one or more of the following elements, as applicable:

(a) inspections, sampling and testing of the plants, plant products or other objects concerned, or their place of production and its vicinities;

(b) official information on the pest status in the production site, place of production, area or country of origin of the plants, plant products or other objects concerned;

(c) a [F618 UK plant passport], as referred to in Article 78, accompanying the plants, plant products or other objects concerned, where that [F618 UK plant passport] attests the results of inspections by [F619 a] competent authority;

(d) the mark of wood packaging material as referred to in Article 96(1), or the attestations referred to in Article 99(1);

F620 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) official information included in the phytosanitary certificate as referred to in Article 71, where the plants, plant products or other objects concerned have been introduced into [F621 Great Britain] from a third country.

3. The phytosanitary certificate for export shall comply with the description and format of the model set out in Part A of Annex VIII.

4. The [F622 appropriate authority may by regulations amend] the elements referred to in paragraph 2 of this Article F623 ... to adapt them to the development of the relevant international standards.

[F44 5. Electronic phytosanitary certificates for export shall be provided through, or in electronic exchange with, the [F624 appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority].]

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F612 Words in Art. 100 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(a) (with regs. 53, 55)

F613 Words in Art. 100(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(b)(i)(aa) (with regs. 53, 55)

F614 Words in Art. 100(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(b)(i)(bb) (with regs. 53, 55)

F615 Words in Art. 100(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(b)(i)(cc) (with regs. 53, 55)

F616 Words in Art. 100(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(b)(ii) (with regs. 53, 55)

F617 Words in Art. 100(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(i) (with regs. 53, 55)

F618 Words in Art. 100(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(ii)(aa) (with regs. 53, 55)

F619 Word in Art. 100(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(ii)(bb) (with regs. 53, 55)

F620 Art. 100(2)(e) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(iii) (with regs. 53, 55)

F621 Words in Art. 100(2)(f) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(c)(iv) (with regs. 53, 55)

F622 Words in Art. 100(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(d)(i) (with regs. 53, 55)

F623 Words in Art. 100(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(d)(ii) (with regs. 53, 55)

F624 Words in Art. 100(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(42)(e) (with regs. 53, 55)

Article 101 U.K. Phytosanitary certificate for re-export from [F625 Great Britain]

1. For the re-export of a plant, plant product or other object which originates in a third country and has been introduced into [F626 Great Britain] from that, or another, third country, a phytosanitary certificate for re-export from [F627 Great Britain] (‘the phytosanitary certificate for re-export’) shall, where possible, be issued instead of the phytosanitary certificate for export.

The phytosanitary certificate for re-export shall be issued by the competent authority at the request of the professional operator when all of the following conditions are fulfilled:

(a) that professional operator is registered by that competent authority in accordance with Article 65;

(b) the professional operator has under its control the plant, plant product or other object to be re-exported;

(c) it is ensured that that plant, plant product or other object complies with the phytosanitary import requirements of the third country concerned.

The competent authority shall also issue a phytosanitary certificate for re-export at the request of persons other than professional operators, provided that the conditions set out in points (b) and (c) of the second subparagraph are fulfilled.

For the purpose of this paragraph, the competent authority shall not delegate the issuance of the phytosanitary certificate for re-export to any other person.

2. Without prejudice to obligations under the IPPC, and taking into account the relevant international standards, the phytosanitary certificate for re-export shall be issued where the information available allows certifying of compliance with the [F628 relevant phytosanitary import requirements] and that all of the following conditions are complied with:

(a) the original phytosanitary certificate accompanying the plant, plant product or other object concerned from the third country of origin, or a certified copy of it, is attached to the phytosanitary certificate for re-export;

(b) the plant, plant product or other object concerned has not been grown, produced or processed to change its nature since its introduction in [F629 Great Britain];

(c) the plant, plant product or other object concerned has not been exposed to any risk of infestation or contamination with quarantine pests or regulated non-quarantine pests, listed as such [F630 for the purposes of imports into] the third country of destination, during [F631 its storage in Great Britain];

(d) the identity of the plant, plant product or other object concerned has been maintained.

3. Article 100(2) shall apply mutatis mutandis.

4. The phytosanitary certificate for re-export shall comply with the description and format of the model set out in Part B of Annex VIII.

5. The Commission is empowered to adopt delegated acts in accordance with Article 105 amending Part B of Annex VIII to adapt it to the development of the relevant international standards.

[F44 6. Electronic phytosanitary certificates for re-export shall be provided through, or in electronic exchange with, the [F632 appropriate computerised information management system, where the use of electronic phytosanitary certificates is permitted by the competent authority].]

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

F625 Words in Art. 101 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(a) (with regs. 53, 55)

F626 Words in Art. 101(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(b)(i) (with regs. 53, 55)

F627 Words in Art. 101(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(b)(ii) (with regs. 53, 55)

F628 Words in Art. 101(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(c)(i) (with regs. 53, 55)

F629 Words in Art. 101(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(c)(ii) (with regs. 53, 55)

F630 Words in Art. 101(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(c)(iii)(aa) (with regs. 53, 55)

F631 Words in Art. 101(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(c)(iii)(bb) (with regs. 53, 55)

F632 Words in Art. 101(6) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(43)(d) (with regs. 53, 55)

F633 Article 102 U.K. Pre-export certificates

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F633 Art. 102 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(44) (with regs. 53, 55)

Textual Amendments

F610 Words in Ch. 6 Section 4 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(40) (with regs. 53, 55)

CHAPTER VII U.K. Supporting measures by the Commission

F634 Article 103 U.K. Establishment of electronic notification system

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F634 Art. 103 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 32 (with regs. 53, 55)

F635 Article 104 U.K. Information items, format and deadlines of notifications, and notifications in the case of suspected presence of pests

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F635 Art. 104 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 32 (with regs. 53, 55)

CHAPTER VIII U.K. Final provisions

[F636 Article 105 U.K. Regulations

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the Senedd Cymru.

5. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

6. Such regulations may—

(a) contain supplementary, incidental, consequential, transitional, transitory or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);

(b) make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas.]

Textual Amendments

F636 Art. 105 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 33(1) (with regs. 53, 55)

[F637 Article 105A U.K. Penalties

1. The appropriate authority may, by regulations, lay down the rules on penalties applicable to infringements of this Regulation or of any EU tertiary legislation, or regulations, made under it. The penalties provided for must be effective, proportionate and dissuasive.

2. Regulations under this Article may create offences.

3. Regulations may provide for an offence under the regulations to be triable—

(a) summarily, or

(b) either summarily or on indictment.

4. Regulations may provide for an offence under the regulations that is triable either way to be punishable—

(a) on summary conviction in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);

(b) on summary conviction in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both);

(c) on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both).

5. Regulations may provide for a summary offence under the regulations to be punishable—

(a) in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);

(b) in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale (or both).]

Textual Amendments

F637 Art. 105A inserted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 2

F638 Article 106 U.K. Urgency procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F638 Arts. 106-108 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 33(2) (with regs. 53, 55)

F638 Article 107 U.K. Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F638 Arts. 106-108 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 33(2) (with regs. 53, 55)

Article 108 U.K. Penalties

F638 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Member States shall notify those provisions to the Commission by 14 December 2019 and shall notify it without delay of any subsequent amendments affecting them.

Textual Amendments

F638 Arts. 106-108 omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 33(2) (with regs. 53, 55)

Article 109 U.K. Repeals

[F44 1. Directive 2000/29/EC is repealed, without prejudice to Article 165(2), (3) and (4) of Regulation [X1 (EU) 2017/625].]

2. The following Directives are repealed:

(a) Directive 69/464/EEC;

(b) Directive 74/647/EEC;

(c) Directive 93/85/EEC;

(d) Directive 98/57/EC;

(e) Directive 2006/91/EC;

(f) Directive 2007/33/EC.

3. References to the acts repealed in accordance with paragraphs 1 and 2 shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IX.

Editorial Information

X1 Substituted by Corrigendum to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/ EC and Council Decision 92/438/EEC (Official Controls Regulation) (Official Journal of the European Union L 95 of 7 April 2017).

Textual Amendments

F44 Substituted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).

Article 110 U.K. Amendment of Regulation (EU) No 228/2013

In Article 24(2) of Regulation (EU) No 228/2013, the following subparagraph is added:

‘Union financing of the programmes for the control of pests in the outermost regions of the Union shall be implemented in accordance with Regulation (EU) No 652/2014 of the European Parliament and of the Council(27).’.

Article 111 U.K. Amendment of Regulation (EU) 652/2014

Regulation (EU) No 652/2014 is amended as follows:

(1)

in Article 1, point (e) is replaced by the following:

‘(e) on protective measures against pests of plants;’;

(2)

in Article 5(2), the following point is added:

‘(c) the programmes for the control of pests in the outermost regions of the Union as referred to in Article 25;’;

(3)

in Article 16(1), points (a), (b) and (c) are replaced by the following:

‘(a)

measures to eradicate a pest from an infested area, taken by the competent authorities pursuant to Article 17(1), Article 28(1), Article 29(1) or Article 30(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council(28);

(b)

measures to contain a priority pest, listed pursuant to Article 6(2) of Regulation (EU) 2016/2031, against which Union containment measures have been adopted pursuant to Article 28(2) of that Regulation, in an infested area from which that priority pest cannot be eradicated, where those measures are essential to protect the Union territory against further spread of that priority pest. Those measures shall concern the eradication of that pest from the buffer zone surrounding that infested area if it is found to be present in that buffer zone; and

(c)

prevention measures taken against the spread of a priority pest, listed pursuant to Article 6(2) of Regulation (EU) 2016/2031, against which Union measures have been adopted pursuant to Article 28(3) of that Regulation, where those measures are essential to protect the Union territory against further spread of that priority pest.’;

(4)

Article 17 is replaced by the following:

‘Article 17 Conditions

The measures referred to in Article 16 may qualify for grants provided that they have been applied immediately and the applicable provisions laid down in the relevant Union law have been complied with, and provided that one or more of the following conditions are fulfilled:

(a)

they concern Union quarantine pests, listed pursuant to Article 5(2) of Regulation (EU) 2016/2031 as not known to occur in the Union territory;

(b)

they concern pests, not listed as Union quarantine pests, which are subject to a measure adopted by the competent authority of a Member State pursuant to Article 29(1) of Regulation (EU) 2016/2031;

(c)

they concern pests, not listed as Union quarantine pests, which are covered by a measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031;

(d)

they concern priority pests listed pursuant to Article 6(2) of Regulation (EU) 2016/2031.

For measures fulfilling the condition laid down in point (b) of the first paragraph, the grant shall not cover costs incurred later than two years after the entry into force of the measure adopted by the competent authority of the Member State concerned pursuant to Article 29 of Regulation (EU) 2016/2031, or incurred after the expiry of that measure. For measures fulfilling the condition laid down in point (c) of the first paragraph, the grant shall not cover costs incurred after the expiry of the measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031.’;

(5)

in paragraph 1 of Article 18, point (d) is replaced by the following:

‘(d) costs of compensation to the owners concerned for the value of the destroyed plants, plant products or other objects subject to the measures referred to in Article 16, limited to the market value of such plants, plant products and other objects as if they were not affected by those measures; the salvage value, if any, shall be deducted from the compensation; and’;

(6)

Article 19 is amended as follows:

(a)

the first paragraph is replaced by the following:

‘Grants may be awarded to Member States for annual and multiannual survey programmes that they carry out concerning the presence of pests (“survey programmes”), provided that those survey programmes comply with at least one of the following three conditions:

(a)

they concern Union quarantine pests listed pursuant to Article 5(2) of Regulation (EU) 2016/2031 as not known to occur in the Union territory;

(b)

they concern priority pests listed pursuant to Article 6(2) of Regulation (EU) 2016/2031; and

(c)

they concern pests not listed as Union quarantine pests which are covered by a measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031.’;

(b)

the third paragraph is replaced by the following:

‘For measures fulfilling the condition laid down in point (c) of the first paragraph, the grant shall not cover costs incurred after the expiry of the measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031.’;

(7)

in Article 20, a new point is inserted before point (a):

‘(-a) costs for visual examinations;’;

(8)

in Article 47, point 2 is replaced by the following:

‘(2) The following Article is inserted:

‘Article 15a

Member States shall provide that anyone who becomes aware of the presence of a pest listed in Annex I or Annex II or a pest covered by a measure pursuant to Article 16(2) or 16(3), or has reason to suspect such a presence, shall immediately notify the competent authority, and, if so requested by that competent authority, shall provide the information concerning that presence which is in its possession. Where the notification is not submitted in writing, the competent authority shall officially record it.’.’.’.

Article 112 U.K. Amendment of Regulation (EU) No 1143/2014

In Article 2(2) of Regulation (EU) No 1143/2014, point (d) is replaced by the following:

‘(d) pests of plants listed pursuant to Article 5(2) or Article 32(3), or subject to measures pursuant to Article 30(1), of Regulation (EU) 2016/2031 of the European Parliament and of the Council(29);’.

F639 Article 113 U.K. Entry into force and application

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F639 Words in Signature omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 33(3) (with regs. 53, 55)

F639 ...

ANNEX I U.K. CRITERIA FOR THE QUALIFICATION OF PESTS ACCORDING TO THEIR RISK TO [F640 GREAT BRITAIN]

Textual Amendments

F640 Words in Annex 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(1) (with regs. 53, 55)

SECTION 1 U.K. Criteria to identify pests which qualify as a quarantine pest, as referred to in Article 3, Article 6(1), Article 7, Article 29(2), F641 ... and Article 49(3)

(1) Identity of the pest U.K.

The taxonomic identity of the pest shall be clearly defined or, alternatively, the pest shall have been shown to produce consistent symptoms and to be transmissible.

The taxonomic identity of the pest shall be defined at species level or, alternatively, a higher or lower taxonomic level, where that taxonomic level is scientifically appropriate based on its virulence, host range or vector relationships.

(2) Presence of the pest in the territory in question U.K.

One or more of the following conditions shall apply:

(a)

the pest is not known to be present in the territory in question;

(b)

the pest is not known to be present in the territory in question, except in a limited part of it;

(c)

the pest is not known to be present in the territory in question, except for scarce, irregular, isolated and infrequent presences in it.

Where point (b) or (c) applies, the pest shall be considered to be not widely distributed.

(3) Capability of entry, establishment and spread of the pest in the territory in question U.K.

(a) Capability of entry U.K.

The pest shall be considered capable of entry into the territory in question, or, if present but not widely distributed, into the part of that territory where it is absent (‘relevant part of the endangered area’), either by natural spread, or if all of the following conditions are fulfilled:

(i)

it is associated, as regards plants, plant products or other objects which are moved into the territory in question, with those plants, plant products and other objects in the territory where they originate or from where they are moved into the territory in question;

(ii)

it survives during transport or storage;

(iii)

it may be transferred to a suitable host plant, plant product or other object in the territory in question.

(b) Capability of establishment U.K.

The pest shall be considered capable of ‘establishment’ in the territory in question, or, if present but not widely distributed, in the part of that territory where it is absent, if all of the following conditions are fulfilled:

(i)

hosts of the pest and, where relevant, vectors for transmission of the pest are available;

(ii)

the decisive environmental factors are favourable for the pest concerned and, where applicable, its vector, enabling it to survive periods of climatic stress and complete its life cycle;

(iii)

cultivation practices and control measures applied in that territory are favourable;

(iv)

the survival methods, reproductive strategy, genetic adaptability of the pest and its minimum viable population size support its establishment.

(c) Capability of spread U.K.

The pest shall be considered capable of territorial spread in the territory in question, or, if present but not widely distributed, in the part of that territory where it is absent, if one or more of the following conditions is fulfilled:

(i)

the environment is suitable for natural spread of the pest;

(ii)

barriers to natural spread of the pest are insufficient;

(iii)

commodities or conveyances allow for movement of the pest;

(iv)

hosts and, where relevant, vectors of the pest are present;

(v)

cultivation practices and control measures applied in that territory are favourable;

(vi)

natural enemies and antagonists of the pest are not present or not sufficiently capable of suppressing the pest.

(4) Potential economic, social and environmental impact U.K.

The entry, establishment and spread of the pest in the territory in question, or, if present but not widely distributed, in the part of that territory where it is absent, shall have an unacceptable economic, social and/or environmental impact on that territory, or the part of that territory where it is not widely distributed, as regards one or more of the following points:

(a)

crop losses in terms of yield and quality;

(b)

costs of control measures;

(c)

costs of replanting and/or losses due to the necessity of growing substitute plants;

(d)

effects on existing production practices;

(e)

effects on street trees, parks and natural and planted areas;

(f)

effects on native plants, biodiversity and ecosystem services;

(g)

effects on the establishment, spread and impact of other pests, for example due to the capacity of the pest concerned to act as a vector for other pests;

(h)

changes to producer costs or input demands, including control costs and costs of eradication and containment;

(i)

effects on producer profits that result from changes in quality, production costs, yields or price levels;

(j)

changes to domestic or foreign consumer demand for a product resulting from quality changes;

(k)

effects on domestic and export markets and prices paid, including effects on export market access and likelihood of phytosanitary restrictions imposed by trading partners;

(l)

resources needed for additional research and advice;

(m)

environmental and other undesired effects of control measures;

(n)

effects on Natura 2000 [F642 within the meaning of the Conservation of Habitats and Species Regulations 2017] or other protected areas;

(o)

changes in ecological processes and the structure, stability or processes of an ecosystem, including further effects on plant species, erosion, water table changes, fire hazards, nutrient cycling;

(p)

costs of environmental restoration and prevention measures;

(q)

effects on food security and food safety;

(r)

effects on employment;

(s)

effects on water quality, recreation, tourism, landscape heritage, animal grazing, hunting, fishing.

Textual Amendments

F642 Words in Annex 1 Section 1(4)(n) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(2)(b) (with regs. 53, 55)

Textual Amendments

F641 Words in Annex 1 Section 1 heading omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(2)(a) (with regs. 53, 55)

SECTION 2 U.K. Criteria to identify [F643 GB] quarantine pests which qualify as a priority pest as referred to in Article 6(1) and (2)

[F644 GB] quarantine pests shall be considered to have the most severe economic, social or environmental impact in respect of [F645 Great Britain] if their entry, establishment and spread fulfils one or more of the following points:

Textual Amendments

F644 Word in Annex 1 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(b)(i) (with regs. 53, 55)

F645 Words in Annex 1 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(b)(ii) (with regs. 53, 55)

(a)

Economic impact: the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point (4) of Section 1 for plants with a significant economic value in [F646 Great Britain].

The plants referred to in the first subparagraph may be trees that are not in production.

(b)

Social impact: the pest has the potential to cause one or more of the following effects:

(i)

a significant employment decrease in the agriculture, horticulture or forestry sector concerned or industries related to those sectors, including tourism and recreation;

(ii)

significant risks to food security or food safety;

(iii)

the disappearance of, or long-term large-scale damage to, important tree species growing or cultivated in [F647 Great Britain] or tree species of high importance in terms of landscape as well as cultural or historical heritage [F648 for Great Britain].

(c)

Environmental impact: the pest has the potential to cause one or more of the following effects:

(i)

significant effects on biodiversity and ecosystems services, including effects on species and habitats [F649 protected by retained EU law relating to the conservation of natural habitats and wild fauna and flora];

(ii)

significant and long-term increases of the use of plant protection products on the plants concerned;

(iii)

the disappearance of, or long-term large-scale damage to, important tree species growing or cultivated in [F650 Great Britain] or tree species of high importance in terms of landscape as well as cultural or historical heritage [F651 for Great Britain].

Textual Amendments

F646 Words in Annex 1 Section 2(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(c) (with regs. 53, 55)

F647 Words in Annex 1 Section 2(b)(iii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(d)(i) (with regs. 53, 55)

F648 Words in Annex 1 Section 2(b)(iii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(d)(ii) (with regs. 53, 55)

F649 Words in Annex 1 Section 2(c)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(e)(i) (with regs. 53, 55)

F650 Words in Annex 1 Section 2(c)(iii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(e)(ii)(aa) (with regs. 53, 55)

F651 Words in Annex 1 Section 2(c)(iii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(e)(ii)(bb) (with regs. 53, 55)

Textual Amendments

F643 Word in Annex 1 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(3)(a) (with regs. 53, 55)

SECTION 3 U.K. Criteria for a preliminary assessment to identify pests which provisionally qualify as a [F652 GB] quarantine pest requiring temporary measures as referred to in Article 29(1) and [F653 Article 30(A1)]

Subsection 1 Criteria for a preliminary assessment to identify pests which provisionally qualify as a Union quarantine pest requiring temporary measures as referred to in Article 29(1)

(1) Identity of the pest U.K.

The pest shall meet the criterion defined in point (1) of Section 1.

(2) Presence of the pest in [F654 Great Britain] U.K.

The pest is not previously known to be present in [F655 Great Britain]. Based on the information available to [F656 the competent authorities], the pest is also not previously known to be present in [F657 Great Britain], or is considered to fulfil the conditions set out in point (2)(b) or (c) of Section 1 as regards [F657 Great Britain].

Textual Amendments

F655 Words in Annex 1 Section 3.1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(i)(bb) (with regs. 53, 55)

F656 Words in Annex 1 Section 3.1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(i)(cc) (with regs. 53, 55)

F657 Words in Annex 1 Section 3.1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(i)(dd) (with regs. 53, 55)

Textual Amendments

F654 Words in Annex 1 Section 3.1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(i)(aa) (with regs. 53, 55)

(3) Probability of establishment and spread of the pest in [F658 Great Britain] U.K.

Based on the information available to the [F659 competent authorities], the pest meets the criteria defined in point (3)(b) and (c) of Section 1 as regards [F660 Great Britain].

Textual Amendments

F659 Words in Annex 1 Section 3.1(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(ii)(bb) (with regs. 53, 55)

F660 Words in Annex 1 Section 3.1(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(ii)(cc) (with regs. 53, 55)

Textual Amendments

F658 Words in Annex 1 Section 3.1(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(ii)(aa) (with regs. 53, 55)

(4) Potential economic, social and environmental impact of the pest U.K.

Based on the information available to the [F661 competent authorities], the pest would have an unacceptable economic, social and/or environmental impact on [F662 Great Britain], if it established and spread in [F663 Great Britain].

Textual Amendments

F661 Words in Annex 1 Section 3.1(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(iii)(aa) (with regs. 53, 55)

F662 Words in Annex 1 Section 3.1(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(iii)(bb) (with regs. 53, 55)

F663 Words in Annex 1 Section 3.1(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(b)(iii)(cc) (with regs. 53, 55)

That impact shall include at least one or more of the direct effects listed under point (4)(a) to (g) of Section 1.

Subsection 2 Criteria for a preliminary assessment to identify pests which provisionally qualify as a [F664 GB] quarantine pest requiring temporary measures as referred to in [F665 Article 30(A1)]

(1) Identity of the pest U.K.

The pest shall meet the criterion defined in point (1) of Section 1.

(2) Presence of the pest in [F666 Great Britain] U.K.

The pest is not previously known to be present in [F667 Great Britain], or is considered to fulfil the conditions set out in point (2)(b) or (c) of Section 1 as regards [F667 Great Britain].

Textual Amendments

F667 Words in Annex 1 Section 3.2(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(ii)(bb) (with regs. 53, 55)

Textual Amendments

F666 Words in Annex 1 Section 3.2(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(ii)(aa) (with regs. 53, 55)

(3) Probability of establishment and spread of the pest in [F668 Great Britain], or the specific part(s) of [F668 Great Britain] where it is not present U.K.

Based on the information available F669 ... , the pest meets the criteria defined in point (3)(b) and (c) of Section 1 as regards [F668 Great Britain].

Textual Amendments

F669 Words in Annex 1 Section 3.2(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iii)(bb) (with regs. 53, 55)

Textual Amendments

F668 Words in Annex 1 Section 3.2(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iii)(aa) (with regs. 53, 55)

(4) Potential economic, social and environmental impact of the pest U.K.

Based on the information available F670 ... , the pest would have an unacceptable economic, social and/or environmental impact on [F671 Great Britain], if it established and spread in [F672 Great Britain].

Textual Amendments

F670 Words in Annex 1 Section 3.2(4) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iv)(aa) (with regs. 53, 55)

F671 Words in Annex 1 Section 3.2(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iv)(bb) (with regs. 53, 55)

F672 Words in Annex 1 Section 3.2(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(iv)(cc) (with regs. 53, 55)

That impact shall include at least one or more of the direct effects listed under point (4)(a) to (g) of Section 1.

Textual Amendments

F664 Word in Annex 1 Section 3.2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(i)(aa) (with regs. 53, 55)

F665 Words in Annex 1 Section 3.2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(c)(i)(bb) (with regs. 53, 55)

Textual Amendments

F652 Word in Annex 1 Section 3 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(a)(i) (with regs. 53, 55)

F653 Words in Annex 1 Section 3 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(4)(a)(ii) (with regs. 53, 55)

SECTION 4 U.K. Criteria to identify pests which qualify as a [F673 GB] regulated non-quarantine pest as referred to in Articles 36 and 38

(1) Identity of the pest U.K.

The pest shall meet the criterion defined in point (1) of Section 1.

(2) Probability of spread in [F674 Great Britain] of the pest U.K.

The transmission of the pest shall be assessed to take place mainly via specific plants for planting, rather than via natural spread or via movement of plant products or other objects.

That assessment shall include, as appropriate, the following aspects:

(a)

the number of life cycles of the pest on the hosts concerned;

(b)

the biology, epidemiology and survival of the pest;

(c)

possible natural, human-assisted or other pathways for transmission of the pest to the host concerned and pathway efficiency, including mechanisms of dispersal and dispersal rate;

(d)

subsequent infestation and transmission of the pest from the host concerned to other plants and vice versa;

(e)

climatological factors;

(f)

cultural practices before and after harvest;

(g)

soil types;

(h)

susceptibility of the host concerned and relevant stages of host plants;

(i)

presence of vectors for the pest;

(j)

presence of natural enemies and antagonists of the pest;

(k)

presence of other hosts susceptible to the pest;

(l)

prevalence of the pest in [F674 Great Britain];

(m)

intended use of the plants.

Textual Amendments

F674 Words in Annex 1 Section 4(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(5)(b) (with regs. 53, 55)

(3) Potential economic, social and environmental impact of the pest U.K.

Infestations of the plants for planting referred to in point (2) with the pest shall have an unacceptable economic impact on the intended use of those plants as regards one or more of the following points:

(a)

crop losses in terms of yield and quality;

(b)

extra costs of control measures;

(c)

extra costs of harvesting and grading;

(d)

costs of replanting;

(e)

losses due to the necessity of growing substitute plants;

(f)

effects on existing production practices;

(g)

effects on other host plants at the place of production;

(h)

effects on the establishment, spread and impact of other pests due to the capacity of the pest concerned to act as a vector for those other pests;

(i)

effects on producer costs or input demands, including control costs and costs of eradication and containment;

(j)

effects on producer profits that result from changes in production costs, yields or price levels;

(k)

changes to domestic or foreign consumer demand for a product resulting from quality changes;

(l)

effects on domestic and export markets and prices paid;

(m)

effects on employment.

Textual Amendments

F673 Word in Annex 1 Section 4 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 35(5)(a) (with regs. 53, 55)

ANNEX II U.K. MEASURES AND PRINCIPLES FOR THE MANAGEMENT OF THE RISKS OF PESTS

SECTION 1 U.K. Measures to manage the risks of quarantine pests as referred to in Article 17(1), Article 21, Article 25(2), [F675 Article 28(4)], Article 29(1), [F676 Article 30(5)], [F677 Article 40(3A), Article 41(3A), Article 53(3), Article 54(3A)] and Article 75(2)

The management of the risks of quarantine pests shall consist of one or more, as appropriate, of the following measures:

(1)

Measures targeting prevention and elimination of infestation of cultivated and wild plants

(a)

Restrictions as regards the identity, nature, origin, ancestry, provenance and production history of cultivated plants.

(b)

Restrictions on the cultivation, harvesting and use of plants.

(c)

Restrictions on the use of plant products, premises, land, water, soil, growing media, facilities, machinery, equipment and other objects.

(d)

Surveillance, visual examination, sampling and laboratory testing of plants, plant products, premises, land, water, soil, growing media, facilities, machinery, equipment and other objects for the presence of quarantine pests.

(e)

Surveillance for breakdown or change in the effectiveness of a resistant plant species or plant variety which relates to a change in the composition of the quarantine pest or its biotype, pathotype, race or virulence group.

(f)

Physical, chemical and biological treatment of plants, plant products, premises, land, water, soil, growing media, facilities, machinery, equipment and other objects, infested or potentially infested with quarantine pests.

(g)

Destruction of plants, plant products and other objects infested or potentially infested with quarantine pests or for preventive purposes.

(h)

Information, data recording, communication and reporting obligations.

(i)

Registration of professional operators concerned.

For the purposes of point (b), those measures may include requirements with regard to the testing of plant species and plant varieties for resistance to the quarantine pest concerned and the listing of plant species and plant varieties found to be resistant to the quarantine pest concerned.

For the purposes of point (f), those measures may include requirements with regard to:

(i)

the registration, authorisation and official supervision of professional operators applying the treatment concerned;

(ii)

the issuance of a phytosanitary certificate, [F678 UK plant passport], label or other official attestation for the treated plants, plants products or other objects and the placing of the mark referred to in Article 96(1) following the application of the treatment concerned.

(2)

Measures targeting consignments of plants, plants products and other objects

(a)

Restrictions on the identity, nature, origin, provenance, ancestry, production method, production history and traceability of plants, plant products and other objects.

(b)

Restrictions on the introduction, movement, use, handling, processing, packaging, storage, distribution and destination of plants, plant products and other objects.

(c)

Surveillance, visual examination, sampling, laboratory testing of plants, plant products and other objects for the presence of quarantine pests, including through subjection to quarantine procedures and pre-export inspections in third countries.

(d)

Physical, chemical and biological treatment and, where appropriate, destruction of plants, plant products and other objects infested or potentially infested with quarantine pests.

(e)

Information, data recording, communication and reporting obligations.

(f)

Registration of professional operators concerned.

For the purposes of points (a) to (d), those measures may include requirements with regard to:

(i)

the issuance of a phytosanitary certificate, [F679 UK plant passport], label or other official attestation, including the placing of the mark referred to in Article 96(1) to attest compliance with points (a) to (d);

(ii)

the registration, authorisation and official supervision of professional operators applying the treatment referred to in point (d).

(3)

Measures targeting pathways for quarantine pests, other than consignments of plants, plant products or other objects

(a)

Restrictions on the introduction and movement of quarantine pests as a commodity.

(b)

Surveillance, visual examination, sampling and laboratory testing and where appropriate destruction of quarantine pests as a commodity.

(c)

Restrictions on plants, plant products and other objects carried by travellers.

(d)

Surveillance, visual examination, sampling and laboratory testing and where appropriate treatment or destruction of plants, plant products and other objects carried by travellers.

(e)

Restrictions on vehicles, packaging and other objects used in transport of commodities.

(f)

Surveillance, visual examination, sampling and laboratory testing and where appropriate treatment or destruction of vehicles, packaging and other objects used in transport of commodities.

(g)

Information, data recording, communication and reporting obligations.

(h)

Registration of professional operators concerned.

Textual Amendments

F678 Words in Annex 2 Section 1(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(b) (with regs. 53, 55)

F679 Words in Annex 2 Section 1(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(c) (with regs. 53, 55)

Textual Amendments

F675 Words in Annex 2 Section 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(a)(i) (with regs. 53, 55)

F676 Words in Annex 2 Section 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(a)(ii) (with regs. 53, 55)

F677 Words in Annex 2 Section 1 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(1)(a)(iii) (with regs. 53, 55)

SECTION 2 U.K. Principles for the management of the risks of pests as referred to in Article 17(1), Article 18(3), Article 21, [F680 Article 28(4)], Article 29(1), [F681 Article 30(5)], Article 31(1), [F682 Article 37(5C)] and (8), [F683 Article 40(3B), Article 41(3B), Article 49(2), Article 53(3A), Article 54(3B)], Article 72(3), Article 74(3), Article 75(2), Article 79(3) and Article 80(3)

The management of the risks of [F684 GB] quarantine pests, [F685 PFA] quarantine pests and [F684 GB] regulated non-quarantine pests shall respect the following principles:

Textual Amendments

F684 Word in Annex 2 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(b)(i) (with regs. 53, 55)

F685 Word in Annex 2 Section 2 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(b)(ii) (with regs. 53, 55)

(1)

Necessity

Measures to manage the risk of a pest shall be applied only where such measures are necessary to prevent the entry, establishment and spread of that pest.

(2)

Proportionality

Measures taken to manage the risk of a pest shall be proportionate to the risk posed by the pest concerned and the level of protection that is required.

(3)

Minimal impact

Measures taken to manage the risk of a pest shall represent the least restrictive measures available, and result in the minimum impediment to the international movement of people, commodities and conveyances.

(4)

Non-discrimination

Measures taken to manage the risk of a pest shall not be applied in such a way as to constitute either a means of arbitrary or unjustified discrimination or a disguised restriction, particularly on international trade. They shall be no more stringent for third countries than measures applied to that same pest if present within [F686 Great Britain], if third countries can demonstrate that they have the same phytosanitary status and apply identical or equivalent phytosanitary measures.

(5)

Technical justification

Measures taken to manage the risk of a pest shall be technically justified on the basis of conclusions reached by using an appropriate risk analysis or, where applicable, another comparable examination and evaluation of available scientific information. Those measures should reflect, and, where appropriate, be modified or removed to reflect, new or updated risk analysis or relevant scientific information.

(6)

Feasibility

Measures taken to manage the risk of a pest should be such as to allow that the objective of those measures is likely achieved.

Textual Amendments

F686 Words in Annex 2 Section 2(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(c) (with regs. 53, 55)

Textual Amendments

F680 Words in Annex 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(a)(i) (with regs. 53, 55)

F681 Words in Annex 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(a)(ii) (with regs. 53, 55)

F682 Words in Annex 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(a)(iii) (with regs. 53, 55)

F683 Words in Annex 2 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 37(2)(a)(iv) (with regs. 53, 55)

ANNEX III U.K. CRITERIA TO ASSESS HIGH-RISK PLANTS, PLANT PRODUCTS OR OTHER OBJECTS AS REFERRED TO IN ARTICLE 42

The criteria to be taken into account for the assessment referred to in Article 42 are the following:

(1)

as regards plants for planting other than seeds:

(a)

they are introduced [F687 into Great Britain] usually in the form of a shrub or tree or they are present in [F688 Great Britain] in such form or are taxonomically related to such plants;

(b)

they are collected in the wild or grown from plants collected in the wild;

(c)

they are grown outdoors or grown from plants grown outdoors in the third countries, group of third countries or specific areas of third countries concerned;

(d)

they are known to host commonly hosted pests known to have a major impact on plant species which are of major economic, social or environmental importance to [F688 Great Britain];

(e)

they are known to commonly harbour pests without signs and symptoms of those pests, or with a latent period for the expression of those signs or symptoms, implying that the presence of pests is likely to be missed during inspections at introduction into [F688 Great Britain];

(f)

they are perennial plants commonly traded as old plants;

(2)

as regards other plants, plant products or other objects:

(a)

they are known to host and provide a significant pathway for commonly hosted pests known to have major impact on plant species which are of a major economic, social or environmental importance to [F688 Great Britain];

(b)

they are known to commonly harbour and provide a significant pathway for pests without signs and symptoms of those pests, or with a latent period for the expression of those signs or symptoms, implying that the presence of pests is likely to be missed during inspections at introduction into [F688 Great Britain].

Textual Amendments

F687 Words in Annex 3 point (1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 38(a) (with regs. 53, 55)

F688 Words in Annex 3 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 38(b) (with regs. 53, 55)

ANNEX IV U.K. ELEMENTS TO IDENTIFY PLANTS OR PLANT PRODUCTS WHICH ARE LIKELY TO POSE NEWLY IDENTIFIED PEST RISKS OR OTHER SUSPECTED PHYTOSANITARY RISKS FOR [F689 GREAT BRITAIN], AS REFERRED TO IN ARTICLE 49

Textual Amendments

F689 Words in Annex 4 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 39(a) (with regs. 53, 55)

Plants or plant products from third countries shall be considered likely to pose pest risks for [F690 Great Britain], as referred to in Article 49(1), where those plants or plant products fulfil at least three of the following conditions, including at least one of the conditions provided in point (1)(a), (b) and (c):

Textual Amendments

F690 Words in Annex 4 substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 39(b) (with regs. 53, 55)

(1)

Characteristics of the plants or plant products:

(a)

they belong to, or are produced from, a plant genus or family known to commonly host pests regulated as quarantine pests in [F690 Great Britain] or in third countries;

(b)

they belong to, or are produced from, a plant genus or family known to host commonly hosted pests known to have major impact on plant species grown in [F690 Great Britain] which have major economic, social or environmental importance to [F690 Great Britain];

(c)

they belong to, or are produced from, a plant genus or family known to commonly harbour pests without signs and symptoms of those pests, or with a latent period for the expression of those signs or symptoms of at least three months, implying that the presence of pests on those plants or plant products is likely to be missed during official controls at introduction into [F690 Great Britain], without recourse to sampling and testing or submission to quarantine procedures;

(d)

they are grown outdoors or grown from plants grown outdoors in the third countries of origin;

(e)

they are not shipped in closed containers or packaging, or when shipped in such a way, the shipments because of their size cannot be opened in closed premises for purposes of official controls at introduction into [F690 Great Britain].

(2)

Origin of the plants or plant products:

(a)

they originate from, or are moved from, a third country which is the source of repetitive notifications of interception of quarantine pests not listed [F691 in Annex 2 to the Phytosanitary Conditions Regulation];

(b)

they originate from, or are moved from, a third country which is not a contracting party to the IPPC.

Textual Amendments

F691 Words in Annex 4 point (2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 39(c) (with regs. 53, 55)

ANNEX V U.K. CONTENTS OF PHYTOSANITARY CERTIFICATES FOR INTRODUCTION INTO [F692 GREAT BRITAIN]

Textual Amendments

F692 Words in Annex 5 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 40 (with regs. 53, 55)

PART A U.K. Phytosanitary certificates for export as referred to in Article 76(1)

PART B U.K. Phytosanitary certificates for re-export as referred to in Article 76(1)

ANNEX VI U.K. CRITERIA TO IDENTIFY PLANTS REFERRED TO IN ARTICLE 73 WHICH DO NOT REQUIRE A PHYTOSANITARY CERTIFICATE

The assessment referred to in Article 73 shall take into account the following criteria:

(1)

the plants do not host [F693 GB quarantine pests or provisional GB quarantine pests], or commonly hosted pests which may impact on plant species grown in [F694 Great Britain];

(2)

the plants have a history of compliance with the requirements for introduction into [F695 Great Britain] relevant to the third country or countries of origin;

(3)

no indication of outbreak(s) is linked to the introduction of the plants concerned from one or more third countries, and those plants have not been subject to repetitive interceptions of [F696 GB quarantine pests or provisional GB quarantine pests] during the introduction into [F697 Great Britain].

Textual Amendments

F693 Words in Annex 6 point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 41(2)(a) (with regs. 53, 55)

F694 Words in Annex 6 point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 41(2)(b) (with regs. 53, 55)

F695 Words in Annex 6 point (2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 41(3) (with regs. 53, 55)

F696 Words in Annex 6 point (3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 41(4)(a) (with regs. 53, 55)

F697 Words in Annex 6 point (3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 41(4)(b) (with regs. 53, 55)

ANNEX VII U.K. [F698 UK] PLANT PASSPORTS

Textual Amendments

F698 Word in Annex 7 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(2) (with regs. 53, 55)

PART A U.K. [F699 UK plant passports] F700 ... as referred to in the first subparagraph of Article 83(2)

(1) The [F701 UK plant passport for the movement of plants, plant products and other objects within Great Britain, the introduction of plants, plant products and other objects into Great Britain from a CD territory or the introduction of plants, plant products and other objects into a CD territory from Great Britain] shall contain the following elements: U.K.

(a)

[F702 the words ‘UK Plant Passport’ in its upper right-hand corner in English;]

(b)

F703 ...

(c)

the letter ‘A.’, followed by the botanical name of the plant species or taxon concerned, in the case of plants and plant products, or, where appropriate, the name of the object concerned, and, optionally, the name of the variety;

(d)

the letter ‘B.’, followed by F704 ... the registration number of the professional operator concerned who issues the [F705 UK plant passport] or for whom the [F705 UK plant passport] is issued by the competent authority [F706 or the CD authority];

(e)

the letter ‘C.’, followed by the traceability code of the plant, plant product or the other object concerned;

(f)

the letter ‘D.’, where applicable followed by:

(i)

the name of the third country of origin, or

(ii)

[F707 if originating in or from Great Britain or a CD territory, ‘GB’] [F708 ;

(g)

[F709 the letter ‘E.’, where applicable followed by ‘GB(NI)’.]

Textual Amendments

F702 Annex 7 Pt. A point (1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(3)(b)(ii) (with regs. 53, 55)

F703 Annex 7 Pt. A point (1)(b) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(3)(b)(iii) (with regs. 53, 55)

F704 Words in Annex 7 Pt. A point (1)(d) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(3)(b)(iv)(aa) (with regs. 53, 55)

F705 Words in Annex 7 Pt. A point (1)(d) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(20)(a)(i)

F706 Words in Annex 7 Pt. A point (1)(d) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(3)(b)(iv)(bb) (with regs. 53, 55)

F707 Annex 7 Pt. A point (1)(f)(ii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(3)(b)(v) (with regs. 53, 55)

F708 Annex 7 Pt. A point (1)(f): semicolon substituted for full stop (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(20)(a)(ii)

F709 Annex 7 Pt. A point (1)(g) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(20)(a)(iii)

Textual Amendments

F701 Words in Annex 7 Pt. A point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(3)(b)(i) (with regs. 53, 55)

(2) The traceability code referred to in point (1)(e) may also be supplemented by a reference to a unique traceability barcode, hologram, chip or other data carrier, present on the trade unit.] U.K.

Textual Amendments

F699 Words in Annex 7 Pt. A heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(3)(a)(i) (with regs. 53, 55)

F700 Words in Annex 7 Pt. A heading omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(3)(a)(ii) (with regs. 53, 55)

PART B U.K. [F710 UK plant passports for movement into GB pest-free areas and CD pest-free areas, as referred to in Article 83(4)]

(1) The [F711 UK] plant passport for movement into and within [F712 GB pest-free areas and for movement into CD pest-free areas] shall contain the following elements: U.K.

(a)

[F713 the words ‘UK Plant Passport — PFA’ in its upper right-hand corner in English;]

(b)

immediately underneath those words, the scientific name(s) or the code(s) of the respective [F714 PFA quarantine pest(s) or CD quarantine pest(s)];

(c)

F715 ...

(d)

the letter ‘A.’, followed by the botanical name of the plant species or taxon concerned, in the case of plants and plant products, or, where appropriate, the name of the object concerned and, optionally, the name of the variety;

(e)

the letter ‘B.’, followed by F716 ... the registration number of the professional operator concerned who issues the [F717 UK plant passport] or for whom the [F717 UK plant passport] is issued by the competent authority [F718 or the CD authority];

(f)

the letter ‘C.’, followed by the traceability code of the plant, plant product or the other object concerned;

(g)

the letter ‘D.’, where appropriate followed by:

(i)

the name of the third country of origin, or

(ii)

[F719 if originating in or from Great Britain or a CD territory, ‘GB’], in the case of replacement of [F720 a UK plant passport], the registration number of the professional operator concerned who issued the initial [F721 UK] plant passport or for whom the initial [F721 UK] plant passport was issued by the competent authority as referred in Article 93(1) and (2) [F722 ;]

(h)

[F723 the letter ‘E.’, where applicable followed by ‘GB(NI)’.]

Textual Amendments

F713 Annex 7 Pt. B point (1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(4)(b)(ii) (with regs. 53, 55)

F714 Words in Annex 7 Pt. B point (1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(4)(b)(iii) (with regs. 53, 55)

F715 Annex 7 Pt. B point (1)(c) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(4)(b)(iv) (with regs. 53, 55)

F716 Words in Annex 7 Pt. B point (1)(e) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(4)(b)(v)(aa) (with regs. 53, 55)

F717 Words in Annex 7 Pt. B point (1)(e) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(20)(b)(i)

F718 Words in Annex 7 Pt. B point (1)(e) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(4)(b)(v)(bb) (with regs. 53, 55)

F719 Words in Annex 7 Pt. B point (1)(g)(ii) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(4)(b)(vi) (with regs. 53, 55)

F720 Words in Annex 7 Pt. B point (1)(g)(ii) substituted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(20)(b)(ii)(aa)

F721 Word in Annex 7 Pt. B point (1)(g)(ii) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(20)(b)(ii)(bb)

F722 Annex 7 Pt. B point (1)(g)(ii): semicolon substituted for full stop (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(20)(b)(ii)(cc)

F723 Annex 7 Pt. B point (1)(h) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(20)(b)(iii)

Textual Amendments

F711 Word in Annex 7 Pt. B point (1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(4)(b)(i)(aa) (with regs. 53, 55)

F712 Words in Annex 7 Pt. B point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(4)(b)(i)(bb) (with regs. 53, 55)

(2) The traceability code referred to in point (1)(f) may also be supplemented by a reference to a unique traceability barcode, hologram, chip or other data carrier, present on the trade unit. U.K.

Textual Amendments

F710 Annex 7 Pt. B heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(4)(a) (with regs. 53, 55)

PART C U.K. [F724 UK plant passports] F725 ... , combined with a certification label, as referred to in the second subparagraph of Article 83(5)

(1) The [F726 UK plant passport for the movement of plants, plant products and other objects within Great Britain, the introduction of plants, plant products and other objects into Great Britain from a CD territory or the introduction of plants, plant products and other objects into a CD territory from Great Britain], combined in a joint label with the official label for seeds or other propagating material referred to [F727 in the relevant legislation on the marketing of seeds and other propagating material], shall contain the following elements: U.K.

(a)

[F728 the words ‘UK Plant Passport’ in its upper right-hand corner in English;]

(b)

F729 ...

Textual Amendments

F728 Annex 7 Pt. C point (1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(5)(b)(ii) (with regs. 53, 55)

F729 Annex 7 Pt. C point (1)(b) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(5)(b)(iii) (with regs. 53, 55)

The [F730 UK plant passport] shall be positioned in the joint label immediately above, and have the same width as, that official label.

Textual Amendments

F730 Words in Annex 7 Pt. C point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(5)(b)(iv) (with regs. 53, 55)

Textual Amendments

F726 Words in Annex 7 Pt. C point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(5)(b)(i)(aa) (with regs. 53, 55)

F727 Words in Annex 7 Pt. C point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(5)(b)(i)(bb) (with regs. 53, 55)

(2) Point (2) of Part A shall apply accordingly. U.K.

Textual Amendments

F724 Words in Annex 7 Pt. C heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(5)(a)(i) (with regs. 53, 55)

F725 Words in Annex 7 Pt. C heading omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(5)(a)(ii) (with regs. 53, 55)

PART D U.K. [F731 UK plant passports] for movement into and within [F732 GB pest-free areas and for movement into CD pest-free areas], combined with a certification label, as referred to in the third subparagraph of Article 83(5)

(1) The [F733 UK plant passport for movement into and within GB pest-free areas and for movement into CD pest-free areas], combined in a joint label with the official label for seeds or other propagating material referred to [F734 in the relevant legislation on the marketing of seeds and other propagating material], shall contain the following elements: U.K.

(a)

[F735 the words ‘UK Plant Passport — PFA’ in its upper right-hand corner in English;]

(b)

immediately underneath those words, the scientific name(s) or code(s) of the [F736 PFA quarantine pest(s) or CD quarantine pest(s)] concerned;

(c)

F737 ...

Textual Amendments

F735 Annex 7 Pt. D point (1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(6)(b)(iii) (with regs. 53, 55)

F736 Words in Annex 7 Pt. D point (1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(6)(b)(iv) (with regs. 53, 55)

F737 Annex 7 Pt. D point (1)(c) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(6)(b)(v) (with regs. 53, 55)

The [F738 UK plant passport] shall be positioned in the joint label immediately above, and have the same width as, that official label or, where applicable, that master certificate.

Textual Amendments

F738 Words in Annex 7 Pt. D point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(6)(c) (with regs. 53, 55)

Textual Amendments

F733 Words in Annex 7 Pt. D point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(6)(b)(i) (with regs. 53, 55)

F734 Words in Annex 7 Pt. D point (1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(6)(b)(ii) (with regs. 53, 55)

(2) Point (2) of Part B shall apply accordingly. U.K.

Textual Amendments

F731 Words in Annex 7 Pt. D heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(6)(a)(i) (with regs. 53, 55)

F732 Words in Annex 7 Pt. D heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 42(6)(a)(ii) (with regs. 53, 55)

ANNEX VIII U.K. CONTENTS OF PHYTOSANITARY CERTIFICATES FOR EXPORT, RE-EXPORT AND PRE-EXPORT AS REFERRED TO IN ARTICLE 100(3), ARTICLE 101(4) AND ARTICLE 102(6)

PART A U.K. Phytosanitary certificates for export as referred to in Article 100(3)

1. The phytosanitary certificate for movement out of the Union territory, for the purpose of export to a third country, shall contain the following elements: U.K.

(a)

the words ‘Phytosanitary certificate’, followed by subsequently:

(i)

the letters ‘EU’;

(ii)

the two-letter code, referred to in point (a) of Article 67, for the Member State in which the professional operator requesting the issuance of the phytosanitary certificate for export is registered;

(iii)

a slash;

(iv)

a unique identification code for the certificate, consisting of numbers or a combination of letters and numbers, the letters representing, as applicable, the province and district of the Member State where the certificate is issued;

(b)

the words ‘Name and address of exporter’, followed by the name and address of the registered operator, or private person, requesting the issuance of the phytosanitary certificate for export;

(c)

the words ‘Declared name and address of consignee’, followed by the declared name and address of the consignee;

(d)

the words ‘Plant Protection Organisation of’, followed by the name of the Member State of which the plant protection organisation issues the certificate, and subsequently the words ‘to the Plant Protection Organisation(s) of’, followed by the name or, as applicable, names of the country or, as applicable, countries of destination;

(e)

the words ‘Place of origin’, followed by the place or places of origin of the plants, plant products or other objects included in the consignment for which the certificate is issued. In all cases, the name of the country or countries of origin should be stated;

(f)

an unnumbered box, reserved for the EU logo. Optionally, other official logos can be added;

(g)

the words ‘Declared means of conveyance’, followed by the declared means of conveyance of that consignment;

(h)

the words ‘Declared point of entry’, followed by the declared point of entry into the country of destination of that consignment;

(i)

the words ‘Distinguishing marks; number and description of packages; name of produce; botanical name of plants’, followed by a description of the consignment including botanical name of plants or the name of the produce, distinguishing marks, and the number and type of packages included in the consignment;

(j)

the words ‘Quantity declared’, followed by the quantity of the plants, plant products or other objects included in that consignment, expressed by number or weight;

(k)

the words ‘This is to certify that the plants, plant products or other regulated articles described herein have been inspected and/or tested according to appropriate official procedures and are considered to be free from the quarantine pests specified by the importing contracting party and to conform with the current phytosanitary requirements of the importing contracting party, including those for regulated non-quarantine pests’. Optionally, the following clause may be added: ‘They are deemed to be practically free from other pests.’;

(l)

the words ‘Additional declaration’, followed by the additional declaration referred to in Article 71(2) and the statement referred to in Article 71(3) and, optionally, any further phytosanitary information relevant to the consignment. If there is insufficient space for the whole of the additional declaration, an attachment may be added. The information in the attachment should only include what is required on the phytosanitary certificate. All the pages of the attachment should bear the number of the phytosanitary certificate and should be dated, signed and stamped in the same manner as required for the phytosanitary certificate. The phytosanitary certificate should refer to any attachments in the appropriate section;

(m)

the words ‘Disinfestation and/or disinfection treatment’;

(n)

the word ‘Treatment’, followed by the treatment that has been applied to that consignment;

(o)

the words ‘Chemical (active ingredient)’, followed by the active ingredient of the chemical used for the treatment referred to in point (n);

(p)

the words ‘Duration and temperature’, followed by the duration and, where applicable, temperature of that treatment;

(q)

the word ‘Concentration’, followed by the concentration of that chemical reached during that treatment;

(r)

the word ‘Date’, followed by the date on which that treatment was applied;

(s)

the word ‘Additional information’, followed by any additional information that the competent authority wishes to include in the certificate;

(t)

the words ‘Place of issue’, followed by the place of issuance of the phytosanitary certificate;

(u)

the word ‘Date’, followed by the date of issuance of the phytosanitary certificate;

(v)

the words ‘Name and signature of authorised officer’, followed by the name and signature of the officer issuing and signing the phytosanitary certificate;

(w)

the words ‘Stamp of organisation’, followed by the official stamp of the competent authority issuing the phytosanitary certificate; and

(x)

optionally, the sentence ‘No financial liability with respect to this certificate shall attach to (name of Plant Protection Organisation) or to any of its officials or representatives’ may be added on the certificate below the frame.

2. Where the phytosanitary certificate is not issued electronically, the paper used shall contain a watermark, embossed seal or embossed logo determined by the competent authority that signs the certificate. The colour of the preprinted text shall be green except for the number of the original certificate as referred to in point (a)(iv) of paragraph 1, which may be in another colour. U.K.

PART B U.K. Phytosanitary certificates for re-export as referred to in Article 101(4)

1. The phytosanitary certificate for movement out of the Union territory, for the purpose of re-export to a third country, shall contain the following elements: U.K.

(a)

the words ‘Phytosanitary certificate for re-export’, followed by subsequently:

(i)

the letters ‘EU’;

(ii)

the two-letter code, referred to in point (a) of Article 67, for the Member State in which the professional operator requesting the issuance of the phytosanitary certificate for re-export is registered;

(iii)

a slash; and

(iv)

a unique identification code for the certificate, consisting of numbers or a combination of letters and numbers, the letters representing, as applicable, the province and district of the Member State where the certificate is issued;

(b)

the words ‘Name and address of exporter’, followed by the name and address of the registered operator requesting the issuance of the phytosanitary certificate for re-export;

(c)

the words ‘Declared name and address of consignee’, followed by the declared name and address of the consignee;

(d)

the words ‘Plant Protection Organisation of’, followed by the name of the Member State of which the plant protection organisation issues the certificate, and subsequently the words ‘to the Plant Protection Organisation(s) of’, followed by the name or, as applicable, names, of the country or, as applicable, countries of destination;

(e)

the words ‘Place of origin’, followed by the place or places of origin of the plants, plant products or other objects included in the consignment for which the certificate is issued. In all cases, the name of the country or countries of origin should be stated;

(f)

an unnumbered box, reserved for the EU logo. Optionally, other official logos can be added;

(g)

the words ‘Declared means of conveyance’, followed by the declared means of conveyance of that consignment;

(h)

the words ‘Declared point of entry’, followed by the declared point of entry into the country of destination of that consignment;

(i)

the words ‘Distinguishing marks; number and description of packages; name of produce; botanical name of plants’, followed by a description of the consignment including botanical name of plants or the name of the produce, distinguishing marks, and the number and type of packages included in the consignment;

(j)

the words ‘Quantity declared’, followed by the quantity of the plants, plant products or other objects included in that consignment, expressed by number or weight;

(k)

the following text:

‘This is to certify

• that the plants, plant products or other regulated articles described above were imported into … (country/ contracting party of re-export) from … (country/ contracting party of origin) covered by phytosanitary certificate No …

  □original □ certified true copy of which is attached to this certificate,

• that they are

  □packed □ repacked

  in

  □original □ new containers,

• that based on the

  □original phytosanitary certificate and

  □additional inspection,

  they are considered to conform with the current phytosanitary requirements of the importing country/contracting party, and

• that during storage in … (contracting party of re-export) the consignment has not been subjected to the risk of infestation or infection.’

in which text the required information shall be filled and the applicable boxes ticked;

(l)

the words ‘Additional declaration’, followed by the additional declaration referred to in Article 71(2) and the statement referred to in Article 71(3) and, optionally, any further phytosanitary information relevant to the consignment. If there is insufficient space for the whole of the additional declaration, an attachment may be added. The information in the attachment should only include what is required on the phytosanitary certificate. All the pages of the attachment should bear the number of the phytosanitary certificate and should be dated, signed and stamped in the same manner as required for the phytosanitary certificate. The phytosanitary certificate should refer to any attachments in the appropriate section;

(m)

the words ‘Disinfestation and/or disinfection treatment’;

(n)

the word ‘Treatment’, followed by the treatment that has been applied to that consignment;

(o)

the words ‘Chemical (active ingredient)’, followed by the active ingredient of the chemical used for the treatment referred to in point (n);

(p)

the words ‘Duration and temperature’, followed by the duration and, where applicable, temperature of that treatment;

(q)

the word ‘Concentration’, followed by the concentration of that chemical reached during that treatment;

(r)

the word ‘Date’, followed by the date on which that treatment was applied;

(s)

the word ‘Additional information’, followed by any additional information that the competent authority wishes to include in the certificate;

(t)

the words ‘Place of issue’, followed by the place of issuance of the phytosanitary certificate;

(u)

the word ‘Date’, followed by the date of issuance of the phytosanitary certificate;

(v)

the words ‘Name and signature of authorised officer’, followed by the name and signature of the officer issuing and signing the phytosanitary certificate;

(w)

the words ‘Stamp of organisation’, followed by the official stamp of the competent authority issuing the phytosanitary certificate; and

(x)

optionally, the sentence ‘No financial liability with respect to this certificate shall attach to (name of Plant Protection Organisation) or to any of its officials or representatives’ may be added on the certificate below the frame.

2. Where the phytosanitary certificate is not issued electronically, the paper used shall contain a watermark, embossed seal or embossed logo determined by the competent authority that signs the certificate. The colour of the preprinted text shall be brown except for the number of the original certificate as referred to in point (a)(iv) of paragraph 1, which may be in another colour. U.K.

PART C U.K. Pre-export certificates as referred to in Article 102(6)

ANNEX IX U.K. CORRELATION TABLE

Council Directive 69/464/EEC	This Regulation
Article 1	Article 28(1)
Article 2	Article 28(1)(e)
Articles 3, 4 and 5	Article 28(1)(d)
Article 6	Article 28(1)(f)
Article 7	—
Article 8	Article 8
Article 9	Article 31(1)
Articles 10 and 11	Article 28(1)(d)
Articles 12 and 13	—

Council Directive 93/85/EEC	This Regulation
Article 1	Article 28(1)
Article 2	Article 28(1)(g)
Article 3	Articles 14(1) and 15(1)
Articles 4 to 8	Article 28(1)(a) to (d)
Article 9	—
Article 10	Article 8
Article 11	Article 31
Article 12	Article 28(1)
Articles 13 to 15	—
Annexes I to V	Article 28(1)

Council Directive 98/57/EC	This Regulation
Article 1	Article 28(1)
Article 2	Article 28(1)(g)
Article 3	Articles 14(1) and 15(1)
Article 4 to 7	Article 28(1)(a) to (c)
Article 8	—
Article 9	Article 8
Article 10	Article 31
Article 11	Article 28(1)
Articles 12 to 14	—
Annexes I to VII	Article 28(1)

Council Directive 2007/33/EC	This Regulation
Article 1	Article 28(1)
Articles 2 and 3	Article 28(1) and (2)
Articles 4 to 8	Article 28(1)(g)
Articles 9 to 13	Article 28(1) and (2)
Article 14	Article 8
Article 15	Article 31
Article 16	Article 28(1)
Article 17	Article 107
Articles 18 to 20	—
Annexes I to IV	Article 28(1)

a See Article 109(1).
Council Directive 2000/29/EC	This Regulation
Article 1(1)	Article 1(1) and (2)
Article 1(2)	—
Article 1(3)	Article 1(3)
Article 1(4)	—a
Article 1(5) and (6)	—
Article 2(1)(a)	Article 2, point (1)
Article 2(1)(b)	Article 2, point (2), first subparagraph
Article 2(1)(c)	Article 2, point (3)
Article 2(1)(d)	Article 2, point (4)
Article 2(1)(e)	Article 1(1) and (2)
Article 2(1)(f)	Article 78
Article 2(1)(g)	—a
Article 2(1)(h)	Articles 32 to 35
Article 2(1)(i), first subparagraph	Article 76a
Article 2(1)(i), second and third subparagraphs	—a
Article 2(1)(j) to (n)	—a
Article 2(1)(o)	Article 2, point (7)
Article 2(1)(p), (q) and (r)	—a
Article 2(2)	Article 2, point (2), second subparagraph
Article 3(1)	Article 5(1)
Article 3(2) and (3)	Articles 5(1), 37(1) and 41(1)
Article 3(4)	Articles 5(1) and 37(1)
Article 3(5)	Articles 32(2) and 54(1)
Article 3(6)	Articles 5(2) and 32(3)
Article 3(7)	Articles 5(2) and (3), 28(1) and 37(2)
Articles 3(8) and (9)	Articles 8, 39, 48 and 58
Article 4(1)	Article 40(1)
Article 4(2)	Article 53(1)
Article 4(3)	—
Article 4(4)	—
Article 4(5)	Articles 8, 48 and 58
Article 4(6)	Article 46
Article 5(1)	Articles 40(1) and 41(1)
Article 5(2)	Article 53(1)
Article 5(3)	Articles 40(3) and 53(3)
Article 5(4)	Articles 41(1) and 75
Article 5(5)	Articles 8, 48 and 58
Article 5(6)	Article 46
Article 6(1) to (4)	Article 87(1), (2) and (3)
Article 6(5), first and second subparagraphs	Article 87(1), (2) and (3)
Article 6(5), third subparagraph	Articles 65 and 68
Article 6(5), fourth subparagraph	Article 9(3)
Article 6(5), fifth subparagraph	Article 81
Article 6(6)	Articles 65 and 69
Article 6(7)	Article 81
Article 6(8), first indent	—
Article 6(8), second indent	Article 57
Article 6(8), third indent	Article 87(4)
Article 6(8), fourth indent	Articles 66, 69 and 90
Article 6(8), fifth indent	—
Article 6(8), sixth indent	Article 81
Article 6(9)	Article 66
Article 10(1)	Articles 78, 83(5), 85, 86 and 87
Article 10(2)	Articles 79, 80 and 81
Article 10(3)	Article 93
Article 10(4), first indent	Article 83(7) and (8)
Article 10(4), second, third and fourth indent	—
Article 11(1)	Article 87(1)
Article 11(2)	—
Article 11(3)	—a
Article 11(4)	Article 92(2) and (3)
Article 11(5)	Article 92(2) and (3)
Article 12(1)	—a
Article 12(2)	Articles 69(4), 93(5) and 95(3)a
Article 12(3)	—a
Article 12(4)	Articles 41(4) and 95(5)a
Article 13(1) and (2)	Article 76(5)a
Article 13(3) and (4)	—a
Article 13a(1) and (2)	—a
Article 13a(3)	Article 76a
Article 13a(4)	Article 76a
Article 13a(5)	—a
Article 13b	—a
Article 13c(1)(a)	—a
Article 13c(1)(b)	Article 65a
Article 13c(1)(c)	—a
Article 13c(2) to (4)	—a
Article 13c(6)	Article 94a
Article 13c(7)	Article 77a
Article 13c(8)	Articles 40(4), 41(4), 53(4), 54(4) and 103a
Article 13d	—a
Article 13e	Articles 100 and 101
Article 14	Articles 5(3) and (4), 32(3), 37(2) and (3), 40(2), 41(2), 53(3), 54(3), 72(2) and (3), 74(2) and (3), 79(2) and (3) and 80(2) and (3)
Article 15(1)	Article 41(3), first subparagraph
Article 15(2)	Article 41(3), second subparagraph
Article 15(3)	Article 71(3)
Article 15(4)	—
Article 16(1)	Article 9(1) and (2) and Article 17
Article 16(2), first subparagraph	Article 29
Article 16(2), second and third subparagraph	Article 13
Article 16(2), fourth subparagraph	—
Article 16(3)	Article 30
Article 16(4)	Articles 28(1), 30(1) and 49(1)
Article 16(5)	Articles 28(6), 30(7) and 49(4)
Article 18	Article 107
Article 20	—
Article 21(1) to (5)	—a
Article 21(6)	Article 103
Article 21(7) and (8)	—
Article 27	—
Article 27a	—a
Article 28 and 29	—
Annex I, Part A	Article 5(2)
Annex I, Part B	Article 32(3)
Annex II, Part A, Section I	Article 5(2)
Annex II, Part A, Section II	Article 37(2)
Annex II, Part B	Article 32(3)
Annex III, Part A	Article 40(2)
Annex III, Part B	Article 53(2)
Annex IV, Part A	Article 41(2)
Annex IV, Part B	Article 54(2)
Annex V, Part A, Point I	Article 79(1)
Annex V, Part A, Point II	Article 80(1)
Annex V, Part B, Point I	Article 72
Annex V, Part B, Point II	Article 74
Annex VI	—
Annex VII	Annex VIII
Annex VIII	—
Annex VIIIa	—a
Annex IX	—

(1)

OJ C 170, 5.6.2014, p. 104.

(2)

Position of the European Parliament of 15 April 2014 (not yet published in the Official Journal) and position of the Council at first reading of 18 July 2016 (not yet published in the Official Journal). Position of the European Parliament of 26 October 2016 (not yet published in the Official Journal).

(3)

Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).

(4)

Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298/66).

(5)

Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309/66).

(6)

Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (OJ L 93, 17.4.1968, p. 15).

(7)

Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 193, 20.7.2002, p. 12).

(8)

Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).

(9)

Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 193, 20.7.2002, p. 60).

(10)

Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).

(11)

Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (OJ L 205, 1.8.2008, p. 28).

(12)

Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8).

(13)

OJ L 123, 12.5.2016, p. 1.

(14)

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers(OJ L 55, 28.2.2011, p. 13).

(15)

Council Directive 74/647/EEC of 9 December 1974 on control of carnation leaf-rollers (OJ L 352, 28.12.1974, p. 41).

(16)

Council Directive 2006/91/EC of 7 November 2006 on control of San José Scale (OJ L 312, 11.11.2006, p. 42).

(17)

Council Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease (OJ L 323, 24.12.1969, p. 1).

(18)

Council Directive 93/85/EEC of 4 October 1993 on control of Potato Ring Rot (OJ L 259, 18.10.1993, p. 1).

(19)

Council Directive 98/57/EC of 20 July 1998 on control of Ralstonia solanacearum (Smith) Yabuuchi et al. (OJ L 235, 21.8.1998, p. 1).

(20)

Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC (OJ L 156, 16.6.2007, p. 12).

(21)

Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

(22)

Regulation (EU) No 228/2013 of the European Parliament and the Council of the 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).

(23)

Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).

(24)

Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1).

(25)

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(26)

Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).

(27)

Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).’.

(28)

Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).’;

(29)

Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).’.