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Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019
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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
F1Art. 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))
1.For the purposes of this Regulation, the definitions provided for in Annex I shall apply.
[F21A.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 [F3GB] quarantine pests or [F4PFA] 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 [F5UK] 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 [F6GB 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
F2Art. 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))
F3Word 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))
F4Word 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))
F5Word 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))
F6Words 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))
F7Art. 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))
[F9Annex 2 makes provision about GB quarantine pests.]
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Word 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))
F9Words 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))
F10Words 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))
Annex 2A makes provision about provisional GB quarantine pests.]
Textual Amendments
F11Art. 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))
Annex 3 makes provision about PFA quarantine pests and their respective GB pest-free areas.]
Textual Amendments
F12Art. 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))
F13Words 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))
[F15Annex 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
F14Art. 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))
F15Words 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))
F16Words 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))
[F171.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.[F18Nothing 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, [F19nothing 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
F17Art. 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))
F18Words 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))
F19Words 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))
F20Words 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))
F21Art. 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))
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
F22Words 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))
F23Words 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))
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.]
[F272.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
F24Words 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))
F25Words 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))
F26Art. 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))
F27Art. 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))
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
F28Words 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))
F29Words 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))
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
F30Words 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))
F31Words 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))
F32Words 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))
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
F33Art. 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))
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
F34Words 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))
F35Words 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))
[F381.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.]
F392.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Word 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))
F37Words 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))
F38Art. 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))
F39Art. 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))
[F43Annex 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.]
[F44UK plant passports] referred to in the first paragraph shall bear the designation ‘[F45PFA]’.
Textual Amendments
F40Word 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))
F41Word 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))
F42Words 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))
F43Words 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))
F44Words 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))
F45Word 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))
Regulation (EC) No 690/2008 is repealed.
Implementing Regulation (EU) 2018/2019 is amended as follows:
Article 2 is deleted;
Annex II is deleted.
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.
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
F46Words 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))
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