[F1 Article 1 U.K. Subject matter

1. This Regulation makes provision for the purposes of Regulation (EU) 2016/2031.

1A. It makes provision about:

(a) GB quarantine pests, provisional GB quarantine pests, PFA quarantine pests and GB regulated non-quarantine pests; and

(b) measures in relation to the introduction of plants, plant products and other objects into Great Britain and the movement of plants, plant products and other objects within Great Britain to reduce the risks in connection with those pests to an acceptable level.]

Textual Amendments

F1 Art. 1(1)(1A) substituted for words (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(2) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

Article 2 U.K. Definitions

1. For the purposes of this Regulation, the definitions provided for in Annex I shall apply.

[F2 1A. Unless the context otherwise requires, words and expressions which are not defined in this Regulation and appear in Regulation (EU) 2016/2031 of the European Parliament and of the Council have the same meaning in this Regulation as they have in Regulation (EU) 2016/2031.]

2. In addition, the following definitions shall apply:

(a) ‘practically free from pests’ means the extent of presence of pests, other than [F3 GB] quarantine pests or [F4 PFA] quarantine pests, on the plants for planting or fruit plants, which is sufficiently low to ensure acceptable quality and usefulness of those plants;

(b) ‘official statement’ means a phytosanitary certificate, as provided for in Article 71 of Regulation (EU) 2016/2031, a [F5 UK] plant passport, as provided for in Article 78 of that Regulation, the mark on wood packaging material, wood or other objects, as referred to in Article 96 of that Regulation, or the official attestations as referred to in Article 99 of that Regulation;

(c) ‘systems approach’ means the integration of different risk management measures, at least two of which act independently, and which, when applied together, achieve the appropriate level of protection against [F6 GB quarantine pests, provisional GB quarantine pests and PFA quarantine pests];

[F7 (d) ‘EPPO code’, in relation to a pest, means the code for that pest in the EPPO code database maintained by the European and Meditteranean Plant Protection Organization;

(e) ‘wood packaging material’ means wood in the form of packing cases, boxes, crates, drums or similar packings, pallets, box pallets or other load boards, pallet collars or dunnage, whether or not actually in use in the transport of objects of any kind.]

Textual Amendments

F2 Art. 2(1A) inserted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(3)(a) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F3 Word in Art. 2(2)(a) substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(3)(b)(i)(aa) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F4 Word in Art. 2(2)(a) substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(3)(b)(i)(bb) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F5 Word in Art. 2(2)(b) inserted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(3)(b)(ii) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F6 Words in Art. 2(2)(c) substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(3)(b)(iii) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F7 Art. 2(2)(d)(e) inserted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(3)(b)(iv) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

Article 3 U.K. List of [F8 GB] quarantine pests

[F9 Annex 2 makes provision about GB quarantine pests.]

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Word in Art. 3 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(4)(a) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F9 Words in Art. 3 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(4)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F10 Words in Art. 3 omitted (31.12.2020) by virtue of The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(4)(c) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

[F11 Article 3a U.K. List of provisional GB quarantine pests

Annex 2A makes provision about provisional GB quarantine pests.]

Textual Amendments

F11 Art. 3a inserted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(5) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

[F13 Article 4 U.K. [F12 List of PFA quarantine pests and GB pest-free areas]

Annex 3 makes provision about PFA quarantine pests and their respective GB pest-free areas.]

Textual Amendments

F12 Art. 4 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(6)(a) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F13 Words in Art. 4 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(6)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

Article 5 U.K. [F14 List of GB regulated non-quarantine pests and their respective plants for planting]

[F15 Annex 4 makes provision about GB regulated non-quarantine pests (‘RNQPs’) and the thresholds relating to the presence of those pests on specific plants for planting.]

F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Art. 5 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(7)(a) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F15 Words in Art. 5 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(7)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F16 Words in Art. 5 omitted (31.12.2020) by virtue of The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(7)(c) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

Article 6 U.K. Measures to prevent the presence of RNQPs on specific plants for planting

[F17 1. Annex 5 makes provision about the measures to prevent the presence of RNQPs on specific plants for planting which are moved within, or introduced into, Great Britain.]

2. [F18 Nothing in Annex 4 or 5 shall affect the application of the requirements specified in retained EU law which transposed the provisions in] Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC concerning:

(a) inspections, sampling and testing of the plants for planting concerned or the plants from which they originate;

(b) the origin of the respective plants for planting from the areas or sites, which are free from, or with physical protection from, the RNQPs concerned;

(c) treatments of the plants for planting concerned, or the plants from which they originate;

(d) the production of the plants for planting.

3. In addition, [F19 nothing in Annex 4 or 5 shall affect the application of the exceptions from the requirements on marketing, specified in retained EU law which transposed the provisions in] Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 1999/105/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC F20 ... , including:

(a) exceptions concerning the supply of plants for planting to official testing and inspection bodies;

(b) exceptions concerning the supply of plants for planting as grown to providers of services for processing or packaging, under the condition that the provider of services does not acquire title to the plants thus supplied and the identity of the plants is ensured;

(c) exceptions concerning the supply of plants for planting under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose;

(d) exceptions for plants for planting intended for scientific purposes, selection work, other test or trial purposes;

(e) exceptions from marketing requirements concerning plants for planting not finally certified;

F21 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) exceptions from marketing requirements for plants for planting shown to be intended for export to third countries.

Textual Amendments

F17 Art. 6(1) substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(8)(a) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F18 Words in Art. 6(2) substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(8)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F19 Words in Art. 6(3) substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(8)(c)(i)(aa) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F20 Words in Art. 6(3) omitted (31.12.2020) by virtue of The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(8)(c)(i)(bb) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F21 Art. 6(3)(f) omitted (31.12.2020) by virtue of The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(8)(c)(ii) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

[F23 Article 7 U.K. List of plants, plant products and other objects [F22 which may not be introduced into Great Britain if originating or dispatched from certain third countries]

Annex 6 makes provision about plants, plant products and other objects which may not be introduced into Great Britain if originating or dispatched from certain third countries.]

Textual Amendments

F22 Words in Art. 7 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(9)(a) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F23 Words in Art. 7 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(9)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a)(3)(b))

[F26 Article 8 U.K. List of plants, plant products and other objects originating from third countries, or in [F24 a CD territory or Great Britain] and the corresponding special requirements for their introduction into or movement within [F25 Great Britain]

1. Annex 7 makes provision about plants, plant products and other objects originating from third countries and the corresponding special requirements for their introduction into Great Britain.]

[F27 2. Annex 8 makes provision about plants, plant products and other objects originating in a CD territory or Great Britain and the corresponding special requirements for their introduction into Great Britain from a CD territory or their movement within Great Britain. ]

Textual Amendments

F24 Words in Art. 8 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(10)(a)(i) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F25 Words in Art. 8 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(10)(a)(ii) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F26 Art. 8(1) substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(10)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F27 Art. 8(2) substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(10)(c) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

[F29 Article 9 U.K. List of plants, plant products and other objects [F28 which may not be introduced into GB pest-free areas]

Annex 9 makes provision about plants, plant products and other objects originating from third countries or CD territories or within Great Britain which may not be introduced into GB pest-free areas.]

Textual Amendments

F28 Words in Art. 9 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(11)(a) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F29 Words in Art. 9 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(11)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

[F32 Article 10 U.K. List of plants, plant products and other objects to be introduced into, or moved within [F30 GB pest-free areas] and corresponding special requirements F31 ...

Annex 10 makes provision about plants, plant products and other objects which are to be introduced into or moved within GB pest-free areas and the corresponding special requirements for their introduction into or for their movement within those GB pest-free areas.]

Textual Amendments

F30 Words in Art. 10 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(12)(a)(i) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F31 Words in Art. 10 heading omitted (31.12.2020) by virtue of The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(12)(a)(ii) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F32 Words in Art. 10 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(12)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

[F33 Article 11 U.K. List of plants, plant products and other objects, as well as the respective third countries of origin or dispatch, for which phytosanitary certificates are required

1. Annex 11 makes provision about plants, plant products and other objects originating or dispatched from third countries which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate.

2. Part A of that Annex makes provision for the purposes of Article 72 of Regulation (EU) 2016/2031 about the plants, plant products and other objects originating or dispatched from third countries which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate.

3. Part B of that Annex makes provision about plants, other than plants listed in Parts A and C of that Annex, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate.

4. Part C of that Annex makes provision about plants which are subject to the exception referred to in Article 73 of Regulation (EU) 2016/2031.]

Textual Amendments

F33 Art. 11(1)-(4) substituted for Art. 11(1)-(3) (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(13)(a) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

[F35 Article 12 U.K. List of plants, plant products and other objects for which a phytosanitary certificate is required for their introduction into a [F34 GB pest-free area] from certain third countries of origin or dispatch

Annex 12 makes provision about plants, plant products and other objects originating or dispatched from third countries which may not be introduced into GB pest-free areas unless they are accompanied by a phytosanitary certificate.]

Textual Amendments

F34 Words in Art. 12 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(14)(a) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F35 Words in Art. 12 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(14)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

Article 13 U.K. List of plants, plant products and other objects for which a [F36 UK] plant passport is required for their movement within [F37 Great Britain, or their introduction into Great Britain from a CD territory]

[F38 1. Annex 13 makes provision about plants, plant products and other objects in respect of which a UK plant passport is required for their movement within Great Britain, or their introduction into Great Britain from a CD territory.]

F39 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Word in Art. 13 heading inserted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(15)(a)(i) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F37 Words in Art. 13 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(15)(a)(ii) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F38 Art. 13(1) substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(15)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F39 Art. 13(2) omitted (31.12.2020) by virtue of The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(15)(b)(i) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

Article 14 U.K. List of plants, plant products and other objects for which a [F40 UK] plant passport with the designation ‘[F41 PFA]’ is required for introduction into, and movement within certain [F42 GB pest free areas]

[F43 Annex 14 makes provision about plants, plant products and other objects in respect of which a UK plant passport is required for their introduction into or their movement within GB pest-free areas.]

[F44 UK plant passports] referred to in the first paragraph shall bear the designation ‘[F45 PFA]’.

Textual Amendments

F40 Word in Art. 14 heading inserted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(16)(a)(i) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F41 Word in Art. 14 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(16)(a)(ii) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F42 Words in Art. 14 heading substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(16)(a)(iii) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F43 Words in Art. 14 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(16)(b) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F44 Words in Art. 14 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(16)(c)(i) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

F45 Word in Art. 14 substituted (31.12.2020) by The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(16)(c)(ii) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))

Article 15 U.K. Repeal of Regulation (EC) No 690/2008

Regulation (EC) No 690/2008 is repealed.

Article 16 U.K. Amendment of Implementing Regulation (EU) 2018/2019

Implementing Regulation (EU) 2018/2019 is amended as follows:

(1)

Article 2 is deleted;

(2)

Annex II is deleted.

Article 17 U.K. Transitional measures

Seeds and other plants for planting introduced into the Union territory, moved within the Union territory or produced, before 14 December 2019, pursuant to the applicable requirements of Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 98/56/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC, 2008/90/EC concerning the presence of RNQPs before that date, may, until 14 December 2020, be introduced into, or moved within, the Union territory if they comply with those requirements. As of 14 December 2020. Articles 5 and 6 shall apply to all plants for planting covered by this Regulation.

Plant passports, required by this Regulation for the movement of seeds and other plants for planting within the Union territory benefitting from the transitional period laid down in paragraph 1 of this Article, shall until 14 December 2020 only be required to attest their compliance with the rules concerning Union quarantine pests, protected zone quarantine pests or measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031.

Article 18 U.K. Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 14 December 2019.

F46 ...

Textual Amendments

F46 Words in Signature omitted (31.12.2020) by virtue of The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1527), regs. 1(2), 2(17) (as amended by S.I. 2020/1631, regs. 1(2), 9(2)(a))