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

Article 87 U.K. Examinations for [F1 UK] plant passports

1. A [F2 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, [F3 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 [F4 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 [F5 GB] quarantine pest or [F6 provisional GB quarantine pest], or in the event of the suspicion of the presence of a [F7 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 [F8 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 [F9 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 [F10 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 [F11 in accordance with relevant legislation on the marketing of seeds and other propagating material].

[F12 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.]

[F13 6. Regulations made under paragraph 4 must take account of developments in scientific and technical knowledge and international standards.]

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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)

F12 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)

F13 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)