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

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

1. Where a professional operator suspects or becomes aware that a [F1 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. [F2 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 [F3 GB] quarantine pest [F4 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

F1 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)

F2 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)

F3 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)

F4 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)