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Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC
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1.[F2A UK] plant passport shall take the form of a distinct label, made on any substrate suitable for printing the elements [F3set out in Part A, B, C or D of Annex 7], provided that the plant passport is clearly distinguishable from any other information or label which may also be indicated on that substrate.
The plant passport shall be easily visible and clearly legible, and the information on it shall be unchangeable and durable.
2.[F4A UK] plant passport F5... shall contain the elements set out in Part A of Annex VII [F6, except where paragraph 4 or 5 applies].
By way of derogation from point 1(e) of Part A of Annex VII, the traceability code shall not be required [F7on a UK plant passport for the movement of plants for planting in Great Britain, or the introduction of plants for planting into Great Britain from a CD territory,] where [F7the] plants for planting fulfil all of the following conditions:
(a)they are prepared in such a way that they are ready for the sale to final users without any further preparation and no risk exists concerning the spread of [F8GB quarantine pests or provisional GB quarantine pests];
(b)they do not belong to types or species [F9specified in regulations made under] paragraph 3 of this Article.
3.The [F10the appropriate authority may by regulations] identify types and species of plants for planting for which the exemption referred to in paragraph 2 shall not apply. F11...
4.[F12A UK] plant passport for introduction into, and movement within, a [F13GB pest-free area or CD pest-free area] shall contain the elements set out in Part B of Annex VII.
5.In the case of plants for planting produced, or made available on the market, as pre-basic, basic or certified material or pre-basic, basic or certified seed or seed potatoes, as respectively referred to in [F14the relevant legislation on the marketing of seeds and other propagating material, a UK plant passport] shall be included, in a distinct form, in the official label produced in accordance with the respective provisions of [F15the relevant retained EU law].
[F16Where this paragraph applies, a UK plant passport must contain:
(a)the elements set out in Part C of Annex 7; or
(b)in the case of plants, plant products or objects which are to be introduced into a GB pest-free area or CD pest-free area, the elements set out in Part D of Annex 7.]
[F175A.Where a replacement UK plant passport is issued in relation to plants, plant products or other objects in a relevant NI trade unit pursuant to paragraph 1 or 2 of Article 93, the UK plant passport must contain the element set out in point (1)(g) of Part A of Annex 7 or point (1)(h) of Part B of Annex 7 (as the case may be).]
6.The [F18appropriate authority may by regulations amend] Parts A, B, C and D of Annex VII in order to adapt the elements set out therein, where applicable, to the development of scientific and technical knowledge.
[F197.A UK plant passport must comply with the requirements set out in Commission Implementing Regulation (EU) 2017/2313 setting out the format specifications of the plant passport for movement within the Union territory and the plant passport for introduction into, and movement within, a protected zone.]
[F207A.The appropriate authority may by regulations make provision relating to the format or size of UK plant passports.]
8.A [F21UK] plant passport may also be issued in an electronic form (‘electronic [F22UK] plant passport’), provided that it contains all the elements [F23set out in Part A, B, C or D of Annex 7 (as the case may be)], and that the technical arrangements have been set out [F24in regulations made under paragraph 9].
[F259.The appropriate authority may by regulations set out technical arrangements for the issuance of electronic UK plant passports to ensure an appropriate credible and effective mode for their issuance.]
Textual Amendments
F1Word in Art. 83 heading inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(a) (with regs. 53, 55)
F2Words in Art. 83(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(b)(i) (with regs. 53, 55)
F3Words in Art. 83(1) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(b)(ii) (with regs. 53, 55)
F4Words in Art. 83(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(i)(aa) (with regs. 53, 55)
F5Words in Art. 83(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(i)(bb) (with regs. 53, 55)
F6Words in Art. 83(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(i)(cc) (with regs. 53, 55)
F7Words in Art. 83(2) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(ii)(aa) (with regs. 53, 55)
F8Words in Art. 83(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(ii)(bb) (with regs. 53, 55)
F9Words in Art. 83(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(c)(ii)(cc) (with regs. 53, 55)
F10Words in Art. 83(3) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(d)(i) (with regs. 53, 55)
F11Words in Art. 83(3) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(d)(ii) (with regs. 53, 55)
F12Words in Art. 83(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(e)(i) (with regs. 53, 55)
F13Words in Art. 83(4) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(e)(ii) (with regs. 53, 55)
F14Words in Art. 83(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(f)(i)(aa) (with regs. 53, 55)
F15Words in Art. 83(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(f)(i)(bb) (with regs. 53, 55)
F16Words in Art. 83(5) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(f)(ii) (with regs. 53, 55)
F17Art. 83(5A) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(15)(a)
F18Words in Art. 83(6) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(g) (with regs. 53, 55)
F19Art. 83(7) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(h) (with regs. 53, 55)
F20Art. 83(7A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(i) (with regs. 53, 55)
F21Word in Art. 83(8) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(i)(aa) (with regs. 53, 55)
F22Word in Art. 83(8) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(15)(b)
F23Words in Art. 83(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(i)(bb) (with regs. 53, 55)
F24Words in Art. 83(8) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(i)(cc) (with regs. 53, 55)
F25Art. 83(9) substituted for words in Art. 83(8) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(17)(j)(ii) (with regs. 53, 55)
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