The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation and commencement

   2. 2. Interpretation: general

   3. 3. Interpretation: EU Decisions

   4. 4. Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation

   5. 5. Article 82 of the EU Plant Health Regulation: meaning of “close proximity”

3. PART 2 Competent authority

   1. 6. Designation of competent authority

4. PART 3 Official Controls on controlled consignments from third countries and other official controls on goods from third countries

   1. 7. Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013

   2. 8. Suspicion of non-compliance

   3. 9. Consignments not correctly presented for official controls

   4. 10. Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health

   5. 11. Notices under Regulation 8, 9 or 10

   6. 12. Border control posts: authorisation of inspection centres and commercial storage facilities

   7. 13. Transitional provision: approved places of inspection

5. PART 4 Official activities to prevent the establishment or spread of plant pests

   1. 14. Introduction

   2. 15. Notices in relation to controlled plant pests or prohibited material

   3. 16. Action which may be taken by a plant health inspector

   4. 17. Establishment of demarcated areas and measures to be taken in those areas

6. PART 5 Temporary national measures relating to plant health

   1. 18. Temporary national measures relating to plant health

7. PART 6 Registration, authorisations and certificates

   1. 19. Applications for registration

   2. 20. Other applications

   3. 21. Authorisations for other purposes

   4. 22. Authorisations granted by the Department

8. PART 7 Measures relating to certain solanaceous species

   1. 23. Specific measures relating to certain solanaceous species

9. PART 8 Notification requirements for the organisation of official controls

   1. 24. Notification requirements in relation to potatoes

   2. 25. Notification requirements in relation to citrus fruits

   3. 26. Notification requirements in relation to other plants and plant products

10. PART 9 General powers of plant health inspectors, enforcement, recovery of expenses and appeals

    1. 27. Interpretation

    2. 28. Powers of entry

    3. 29. Right of entry conferred by a warrant issued by a lay magistrate

    4. 30. Information notices

    5. 31. Failure to comply with a notice

    6. 32. Removal of ISPM 15 mark from wood packaging material

    7. 33. Marking of wood packaging material: power of seizure

    8. 34. Recovery of expenses

    9. 35. Disclosure of information held by the Commissioners for Her Majesty’s Revenue and Customs

    10. 36. Disclosure of information

    11. 37. Appeal

11. PART 10 General and supplemental provisions relating to notices

    1. 38. Miscellaneous provisions as to notices

    2. 39. Service of notices

12. PART 11 Offences

    1. 40. General

    2. 41. Failure to comply with requirements of notices etc.

    3. 42. Defence: reasonable excuse

    4. 43. Provision of false or misleading information

    5. 44. Improper use of plant passports, Northern Ireland plant health labels or certificates

    6. 45. Obstruction

    7. 46. Offence relating to the disclosure of information held by Revenue and Customs

    8. 47. Defence: lawful disclosure

    9. 48. Offences by bodies corporate

    10. 49. Offences by partnerships and unincorporated associations

    11. 50. Penalties

13. PART 12 Minor and consequential amendments

    1. 51. Amendment of the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995

    2. 52. Amendment of the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999

    3. 53. Amendment of the Seed Potatoes Regulations (Northern Ireland) 2016

    4. 54. Amendment of the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017

14. PART 13 Revocation, transitional and saving provisions

    1. 55. Revocation, transitional and saving provisions

15. Signature

16. 1. SCHEDULE 1

       Temporary national measures

       1. 1. Interpretation

       2. PART 1 Plants, plant products or other objects from third countries

          1. 2. Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.

          2. 3. Temporary measures in relation to Candidatus Phytoplasma ulmi

          3. 4. Temporary measures in relation to Agrilus planipennis Fairmaire

          4. 5. Exception for controlled material in transit

       3. PART 2 Plants, plant products or other objects from another part of the Union territory

          1. 6. Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory

          2. 7. No person may introduce or move any plants, plant products...

       4. PART 3 Official controls on consignments from third countries

          1. 8. (1) In this Part— “border control post” means a border...

          2. 9. Application of this Part

          3. 10. Notification and presentation of Schedule 1 consignments

          4. 11. Consignments not correctly presented for official controls

          5. 12. Official controls to be performed on Schedule 1 consignments

          6. 13. Completion of official controls

          7. 14. Removal of Schedule 1 consignments from border control posts of arrival

          8. 15. Measures to be taken on non-compliant Schedule 1 consignments

          9. 16. Measures to be taken on Schedule 1 consignments

          10. 17. Notification of decisions to refuse the entry of a Schedule 1 consignment into Northern Ireland

          11. 18. Notices under this Part

    2. SCHEDULE 2

       1. PART 1 General interpretation

          1. 1. In this Schedule— “Directive 93/85/EEC” means Council Directive 93/85/EEC on...

       2. PART 2 General provisions relating to the planting of certain solanaceous species

          1. 2. General restrictions on the planting of potatoes

       3. PART 3 Measures for the control of Potato wart disease

          1. 3. Interpretation

          2. 4. Official measures relating to contaminated plots of land

          3. 5. Prohibition on the planting of potatoes on contaminated plots

          4. 6. Revocation of the demarcation of a contaminated plot

       4. PART 4 Measures for the control of European populations of Potato cyst nematode

          1. 7. Interpretation

          2. 8. Official investigations and surveys

          3. 9. Official records of investigations and surveys

          4. 10. Notices in relation to infested fields and contaminated susceptible material

          5. 11. Prohibition on the planting of potatoes in infested fields

          6. 12. Controls on contaminated seed potatoes etc.

          7. 13. Controls on potatoes for industrial processing or grading

          8. 14. Controls on contaminated bulbs etc.

          9. 15. Further investigations for the presence of Potato cyst nematodes

       5. PART 5 Measures for the control of Potato ring rot

          1. 16. Interpretation

          2. 17. Official surveys and testing

          3. 18. Measures to be taken following the confirmation of the presence of Potato ring rot

          4. 19. Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot

          5. 20. Measures in relation to a contaminated place of production

          6. 21. Additional measures applicable to a unit of protected crop production

          7. 22. Measures to be taken in demarcated zones for the control of Potato ring rot

       6. PART 6 Measures for the control of Potato brown rot

          1. 23. In this Schedule— “certified seed potatoes” means pre-basic seed potatoes...

          2. 24. Official surveys and testing

          3. 25. Measures to be taken following the confirmation of the presence of Potato brown rot

          4. 26. Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot

          5. 27. Measures which may be required in relation to a contaminated place of production

          6. 28. Additional measures in relation to units of protected crop production

          7. 29. Measures to be taken in demarcated zones for the control of Potato brown rot

       7. PART 7 Measures relating to Egyptian potatoes

          1. 30. Measures for the purposes of Article 7 of Commission Implementing Decision 2011/787/EC

    3. SCHEDULE 3

       Offences: relevant provisions in the EU Regulations

       1. PART 1 The EU Plant Health Regulation

       2. PART 2 The Official Controls Regulation

       3. PART 3 Other EU legislation

    4. SCHEDULE 4

       Offences relating to EU emergency decisions

17. Explanatory Note