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

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 [F1 appropriate authority may by regulations impose] temporary measures as regards the introduction into, and movement within, [F2 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 [F3 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 [F4 Great Britain] in respect of those plants, plant products or other objects from the third countries concerned.

F5 ...

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 [F6 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 [F7 Great Britain].

In the cases referred to in points (a) and (b) of the second subparagraph, [F8 regulations made under] paragraph 1 may also set out specific measures to be taken before the introduction into [F9 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.

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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, [F11 Great Britain] of plants, plant products or other objects used for official testing, scientific or educational purposes, trials, varietal selection or breeding.

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Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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)

F12 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)