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

ANNEX I U.K. CRITERIA FOR THE QUALIFICATION OF PESTS ACCORDING TO THEIR RISK TO [F1 GREAT BRITAIN]

Textual Amendments

F1 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), F2 ... 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 [F3 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

F3 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

F2 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 [F4 GB] quarantine pests which qualify as a priority pest as referred to in Article 6(1) and (2)

[F5 GB] quarantine pests shall be considered to have the most severe economic, social or environmental impact in respect of [F6 Great Britain] if their entry, establishment and spread fulfils one or more of the following points:

Textual Amendments

F5 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)

F6 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 [F7 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 [F8 Great Britain] or tree species of high importance in terms of landscape as well as cultural or historical heritage [F9 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 [F10 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 [F11 Great Britain] or tree species of high importance in terms of landscape as well as cultural or historical heritage [F12 for Great Britain].

Textual Amendments

F7 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)

F8 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)

F9 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)

F10 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)

F11 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)

F12 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

F4 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 [F13 GB] quarantine pest requiring temporary measures as referred to in Article 29(1) and [F14 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 [F15 Great Britain] U.K.

The pest is not previously known to be present in [F16 Great Britain]. Based on the information available to [F17 the competent authorities], the pest is also not previously known to be present in [F18 Great Britain], or is considered to fulfil the conditions set out in point (2)(b) or (c) of Section 1 as regards [F18 Great Britain].

Textual Amendments

F16 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)

F17 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)

F18 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

F15 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 [F19 Great Britain] U.K.

Based on the information available to the [F20 competent authorities], the pest meets the criteria defined in point (3)(b) and (c) of Section 1 as regards [F21 Great Britain].

Textual Amendments

F20 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)

F21 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

F19 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 [F22 competent authorities], the pest would have an unacceptable economic, social and/or environmental impact on [F23 Great Britain], if it established and spread in [F24 Great Britain].

Textual Amendments

F22 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)

F23 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)

F24 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 [F25 GB] quarantine pest requiring temporary measures as referred to in [F26 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 [F27 Great Britain] U.K.

The pest is not previously known to be present in [F28 Great Britain], or is considered to fulfil the conditions set out in point (2)(b) or (c) of Section 1 as regards [F28 Great Britain].

Textual Amendments

F28 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

F27 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 [F29 Great Britain], or the specific part(s) of [F29 Great Britain] where it is not present U.K.

Based on the information available F30 ... , the pest meets the criteria defined in point (3)(b) and (c) of Section 1 as regards [F29 Great Britain].

Textual Amendments

F30 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

F29 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 F31 ... , the pest would have an unacceptable economic, social and/or environmental impact on [F32 Great Britain], if it established and spread in [F33 Great Britain].

Textual Amendments

F31 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)

F32 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)

F33 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

F25 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)

F26 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

F13 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)

F14 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 [F34 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 [F35 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 [F35 Great Britain];

(m)

intended use of the plants.

Textual Amendments

F35 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

F34 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), [F36 Article 28(4)], Article 29(1), [F37 Article 30(5)], [F38 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, [F39 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, [F40 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

F39 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)

F40 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

F36 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)

F37 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)

F38 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, [F41 Article 28(4)], Article 29(1), [F42 Article 30(5)], Article 31(1), [F43 Article 37(5C)] and (8), [F44 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 [F45 GB] quarantine pests, [F46 PFA] quarantine pests and [F45 GB] regulated non-quarantine pests shall respect the following principles:

Textual Amendments

F45 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)

F46 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 [F47 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

F47 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

F41 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)

F42 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)

F43 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)

F44 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 [F48 into Great Britain] usually in the form of a shrub or tree or they are present in [F49 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 [F49 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 [F49 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 [F49 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 [F49 Great Britain].

Textual Amendments

F48 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)

F49 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 [F50 GREAT BRITAIN], AS REFERRED TO IN ARTICLE 49

Textual Amendments

F50 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 [F51 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

F51 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 [F51 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 [F51 Great Britain] which have major economic, social or environmental importance to [F51 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 [F51 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 [F51 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 [F52 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

F52 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 [F53 GREAT BRITAIN]

Textual Amendments

F53 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 [F54 GB quarantine pests or provisional GB quarantine pests], or commonly hosted pests which may impact on plant species grown in [F55 Great Britain];

(2)

the plants have a history of compliance with the requirements for introduction into [F56 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 [F57 GB quarantine pests or provisional GB quarantine pests] during the introduction into [F58 Great Britain].

Textual Amendments

F54 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)

F55 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)

F56 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)

F57 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)

F58 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. [F59 UK] PLANT PASSPORTS

Textual Amendments

F59 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. [F60 UK plant passports] F61 ... as referred to in the first subparagraph of Article 83(2)

(1) The [F62 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)

[F63 the words ‘UK Plant Passport’ in its upper right-hand corner in English;]

(b)

F64 ...

(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 F65 ... the registration number of the professional operator concerned who issues the plant passport or for whom the plant passport is issued by the competent authority [F66 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)

[F67 if originating in or from Great Britain or a CD territory, ‘GB’.]

Textual Amendments

F63 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)

F64 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)

F65 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)

F66 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)

F67 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)

Textual Amendments

F62 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

F60 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)

F61 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. [F68 UK plant passports for movement into GB pest-free areas and CD pest-free areas, as referred to in Article 83(4)]

(1) The [F69 UK] plant passport for movement into and within [F70 GB pest-free areas and for movement into CD pest-free areas] shall contain the following elements: U.K.

(a)

[F71 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 [F72 PFA quarantine pest(s) or CD quarantine pest(s)];

(c)

F73 ...

(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 F74 ... the registration number of the professional operator concerned who issues the plant passport or for whom the plant passport is issued by the competent authority [F75 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)

[F76 if originating in or from Great Britain or a CD territory, ‘GB’], in the case of replacement of the plant passport, the registration number of the professional operator concerned who issued the initial plant passport or for whom the initial plant passport was issued by the competent authority as referred in Article 93(1) and (2).

Textual Amendments

F71 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)

F72 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)

F73 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)

F74 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)

F75 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)

F76 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)

Textual Amendments

F69 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)

F70 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

F68 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. [F77 UK plant passports] F78 ... , combined with a certification label, as referred to in the second subparagraph of Article 83(5)

(1) The [F79 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 [F80 in the relevant legislation on the marketing of seeds and other propagating material], shall contain the following elements: U.K.

(a)

[F81 the words ‘UK Plant Passport’ in its upper right-hand corner in English;]

(b)

F82 ...

Textual Amendments

F81 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)

F82 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 [F83 UK plant passport] shall be positioned in the joint label immediately above, and have the same width as, that official label.

Textual Amendments

F83 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

F79 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)

F80 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

F77 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)

F78 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. [F84 UK plant passports] for movement into and within [F85 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 [F86 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 [F87 in the relevant legislation on the marketing of seeds and other propagating material], shall contain the following elements: U.K.

(a)

[F88 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 [F89 PFA quarantine pest(s) or CD quarantine pest(s)] concerned;

(c)

F90 ...

Textual Amendments

F88 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)

F89 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)

F90 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 [F91 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

F91 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

F86 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)

F87 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

F84 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)

F85 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	—