The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

3.—(1) The Plant Health (Wood and Bark) Order (Northern Ireland) 2006(1) is amended as follows.

(2) In Article 2—

(a) in paragraph (1)—

(i) before the definition of “approved place of inspection” insert—

“”appropriate checks”, in relation to a consignment of notifiable relevant material means—

(a)

an examination of the phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment to determine whether it is the correct phytosanitary certificate;

(b)

an examination of the consignment to determine whether it corresponds to its description in the trade documents that accompany it;

(c)

an examination of the consignment and its packaging, and where necessary, the vehicle transporting the consignment to determine whether it meets the prescribed requirements;

“appropriate UK plant health authority” means—

(a)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b)

in relation to forest and timber pests in England, the Forestry Commissioners;

(c)

otherwise in relation to England, the Secretary of State;

(d)

in relation to Wales, the Welsh Ministers;

(e)

in relation to Scotland, the Scottish Ministers;

(f)

in relation to the Bailiwick of Guernsey, the States of Guernsey;

(g)

in relation to the Bailiwick of Jersey, the Department of Environment of the Bailiwick of Jersey;

(h)

in relation to the Isle of Man, the Department of Environment, Food and Agriculture of the Isle of Man;”;

(ii) for “approved place of inspection” substitute—

“”approved place of inspection”, as regards Northern Ireland, means a place which has been approved by the Department under Article 16A or, in relation to other UK territories, by the appropriate UK plant health authority under equivalent provisions of the relevant Plant Health Order;”;

(iii) omit the definition of “area of plant health control” and “associated controlled dunnage”;

(iv) in the definition of “authorised officer”, for paragraphs (a) to (c) substitute—

“(a) in relation to a UK plant passport, an inspector appointed for the purposes of a relevant Plant Health Order, or

(b) in relation to a phytosanitary certificate or phytosanitary certificate for re-export, an authorised representative of, or a public officer acting under the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued;”;

(v) omit the definition of “bark-free”;

(vi) after the definition of “Commissioners” insert—

“”CD territory” means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;”;

(vii) for the definition of “consignment” substitute—

““consignment” means a quantity of goods covered by a single document required for customs formalities or for other formalities;”;

(viii) after the definition of “consignment” insert—

““correct phytosanitary certificate”, in relation to notifiable relevant material, means a phytosanitary certificate or phytosanitary certificate for re-export required by Article 6;”;

(ix) omit the definition of “Customs Code”;

(x) in the definition of “customs document”, for the words from “one of” to the end substitute “a customs procedure within the meaning of the Taxation (Cross-border Trade) Act 2018(2);

(xi) omit the definition of “debarked”;

(xii) after the definition of “the Department” insert—

““designated area of plant health control”, in relation to notifiable relevant material means a place close to a point of entry which has been designated as an area of plant health control by the Department and the Commissioners for Her Majesty’s Revenue and Customs;”;

(xiii) omit the definition of “the Directive”;

(xiv) omit the definitions of “dunnage”, “European Union” and “Europe”;

(xv) after the definition of “electronic communications” insert—

““EU transit material” means any notifiable relevant material from a third country, other than a country or territory in the European Union, which is consigned to the United Kingdom via the European Union and which was not, on its entry into the European Union, subject to—

(a)

the formalities described in Article 13a of Directive 2000/29/EC, or

(b)

to other similar official controls under Regulation (EU) 2017/625 of the European Parliament and of the Council as it has effect in EU law(3);”;

(xvi) in the definition of “importer”, for “landing” substitute “consignment”;

(xvii) omit the definitions of “identity check” and “industry certificate”;

(xviii) omit the definition of “landed”;

(xix) in the appropriate place insert—

““the list of controlled material” means Schedule 6 to the Plant Health Regulations;

“the list of PFA controlled material” means Schedule 7 to the Plant Health Regulations;

“the list of prohibited infested material” means Schedule 2 to the Plant Health Regulations”;

“the list of prohibited material” means Schedule 3 to the Plant Health Regulations;

“the list of prohibited plant pests” means Schedule 1 to the Plant Health Regulations;

“the list of regulated material” means Schedule 4 to the Plant Health Regulations;”;

(xx) for the definition of “lot” substitute—

““lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;”;

(xxi) in the definition of “national plant protection organisation”, for “European Commission”, substitute “national plant protection organisation of the United Kingdom”;

(xxii) after the definition of “North America” insert—

““NI Order” means the Plant Health Order (Northern Ireland) 2018(4);

“NI Wood and Bark Orders” means the Plant Health (Wood and Bark) Order (Northern Ireland) 2006(5) and the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005(6);

“notifiable relevant material” means any relevant material—

(a)

of a description specified in Schedule 5 to the Plant Health Regulations;

(b)

of a description specified in Schedule 7 to the Plant Health Regulations, originating in a third country;

“notified EU material” means any notifiable relevant material originating in the European Union or Switzerland which is intended to be, or has been, consigned to the United Kingdom from the European Union or Switzerland via a point of entry in Northern Ireland and whose arrival in Northern Ireland has been notified to the Department in accordance with Article 5(A1);

“point of entry” means—

(a)

in the case of relevant material which arrives by air, the airport at which the material first arrives in the United Kingdom;

(b)

in the case of relevant material which arrives by maritime or fluvial transport, the port at which the material first arrives in the United Kingdom;

(c)

in the case of relevant material which arrives by rail, the rail freight terminal at which the material first arrives in the United Kingdom;

(d)

in the case of relevant material which arrives by road, the initial destination of the material after its arrival in the United Kingdom;

“prescribed requirements”, in relation to any notifiable relevant material, means—

(a)

the requirements specified in respect of the material in Article 4; or

(b)

in the case of any material which is destined for a UK pest free area which includes Northern Ireland but not England, the requirements specified in respect of that material in Article 4 of this Order or Article 5 of the NI Order;

“relevant Plant Health Order” means—

(a)

in relation to relevant material destined for Northern Ireland, the NI Order and the NI (Wood and Bark) Orders;

(b)

in relation to relevant material destined for England, the Plant Health (England) Order 2015(7) and the Plant Health (Forestry) Order 2005 in its application to England;

(c)

in relation to relevant material destined for Wales, the Plant Health (Wales) Order 2018(8) and the Plant Health (Forestry) Order in its application to Wales;

(d)

in relation to relevant material destined for Scotland, the Plant Health (Scotland) Order 2005(9) and the Plant Health (Forestry) Order 2005(10) in its application to Scotland;

“trade documents” in relation to a consignment of notifiable relevant material, means the invoice, delivery note, consignment note or other similar document;”;

(xxiii) in the definition of “official”, for “responsible official body” substitute “appropriate UK plant health authority”;

(xxiv) in the definition of “official label”, for the words from “responsible” to the end substitute “appropriate UK plant health authority”;

(xxv) in the definition of “official statement”, for “plant passport” substitute “UK plant passport”;

(xxvi) in the appropriate place insert—

““pest free area” means that part of a UK pest free area that is in Northern Ireland or, where the UK pest free area includes two or more separate parts of Northern Ireland, each such part;”;

(xxvii) omit the definitions of “plant health check”, “plant health movement document” and “plant passport”;

(xxviii) in the appropriate place insert—

““the Plant Health Regulations” means the Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019(11);”;

(xxix) omit the definition of “protected zone”;

(xxx) after the definition of “registered” insert—

““regulated pest” means—

(a)

a plant pest of a description specified in Part A, B or D of the list of prohibited plant pests;

(b)

a plant pest of a description specified in Part C of the list of prohibited plant pests which relate to a pest free area;

(c)

a plant pest of a description specified in Column 3 of Part A, B or D of the list of prohibited infested material;

(d)

a plant pest of a description specified in column 3 of Part C of the list of prohibited infested material which relates to a pest free area;”;

(xxxi) omit the definition of “Regulation (EC) No 690/2008”;

(xxxii) omit the definition of “responsible official body” and “round wood”;

(xxxiii) omit the definition of “Swiss plant passport”;

(xxxiv) for the definition of “third country” substitute—

“”third country” means—

(a)

a country or territory outside the European Union, other than a territory or country within the British Islands; or

(b)

the European Union;”;

(xxxv) after the definition of “third country” insert—

““UK pest free area” means an area in the United Kingdom which has been established as a pest free area in accordance with ISPM No. 4;

“UK plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Schedule 9 issued by or with the authority of the appropriate UK plant health authority, and includes any replacement of such a passport;

“UK territory” means England, Northern Ireland, Scotland or Wales;”;

(b) omit paragraph (2);

(c) in paragraph (3), for “any” substitute “Unless expressly provided otherwise, any”;

(d) at the end insert—

“(4) For the purpose of the definition of “appropriate UK plant health authority”, “forest pests” and “timber pests” have the same meaning as in the Plant Health Act 1967(12).”.

(3) Omit Article 3.

(4) Before Article 4 insert—

“Application of Part 2: Northern Ireland

3A.   This Part applies to plant pests and relevant material which are brought into Northern Ireland from a third country, whether directly or via another UK territory.”.

(5) In Article 4—

(a) in the heading for “landing” substitute “bringing in”;

(b) at the beginning insert—

“(A1) No person may bring any of the following into Northern Ireland—

(a) any pest of a description specified in Part A, B or D of the list of prohibited plant pests;

(b) any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a pest of a description specified in the corresponding entry in respect of that description of relevant material in column 3;

(c) any pest which, although not specified in Part A, B or D of the list of prohibited plant pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland;

(d) any relevant material of a description specified in column 2 of Part A or B of the list of prohibited material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3;

(e) any relevant material of a description specified in column 2 of Part A or D of the list of regulated material, unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

(f) in the case of any relevant material which is destined for a UK pest free area, any pest of a description specified in column 2 of Part C of the list of prohibited plant pests which relates to that UK pest free area;

(g) in the case of any relevant material which is destined for a UK pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of Part C of that list which is carrying or infested with a pest of a description specified in the corresponding entry in column 3;

(h) in the case of any relevant material which is destined for a UK pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that part, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.”;

(c) omit paragraphs (1);

(d) in paragraph (2), after “paragraph” insert “(A1)(d) or”;

(e) after paragraph (2) insert—

“(3) The prohibitions in paragraph (A1)(b) to (h) do not apply to relevant material which enters a point of entry that is located in another UK territory and is discharged in that territory in accordance with Article 11 of this Order, Article 3 of the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005 or Article 12 of any other relevant Plant Health Order.”.

(6) In Article 5—

(a) in the heading, for “landing” substitute “arrival”;

(b) at the beginning insert—

“(A1) No person may bring any notifiable relevant material into a point of entry that is located in Northern Ireland, unless notice is given in accordance with this Article.”;

(c) omit paragraphs (1) and (2);

(d) in paragraph (3)—

(i) in the words before sub-paragraph (a), for “paragraph (1)” substitute “paragraph (A1)”;

(ii) in the words after sub-paragraph (b), for “the relevant material is landed” substitute “its arrival”;

(e) in paragraph (4), for “paragraph (1)” substitute “paragraph (A1)”;

(f) in paragraph (5)—

(i) for “paragraph (1)” substitute “paragraph (A1)”;

(ii) for “landing” substitute “arrival”.

(7) After Article 5 insert—

“EU transit material: Northern Ireland

5A.— (1) No person may bring any EU transit material into Northern Ireland unless that material is destined for a single approved place of inspection.

(2) Paragraph (1) is subject to Article 7(A1).”.

(8) In Article 6—

(a) at the beginning insert—

“(A1) Subject to Article 7 and to paragraph (6), no person may bring any notifiable relevant material into a point of entry that is located in Northern Ireland unless the material is accompanied by one of the following certificates which certifies that the material meets the prescribed requirements—

(a) a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned;

(b) where paragraph (2) applies, by a phytosanitary certificate for re-export.”;

(b) omit paragraphs (1) and (4);

(c) in paragraph (6)—

(i) in the words before sub-paragraph (a), for “paragraph (1) does” substitute “paragraph (A1) and paragraph (1) do”;

(ii) in sub-paragraph (a), for “landed in” substitute “brought into”;

(iii) in sub-paragraph (b)—

(aa) for “landed in” substitute “brought into”;

(bb) for “European Union” substitute “United Kingdom”.

(d) omit paragraph (7).

(9) In Article 7—

(a) at the beginning insert—

“(A1) The provisions referred to in paragraph (A2) do not apply to—

(a) any wood described in paragraph (2) originating in any third country, other than the European Union or Switzerland, which is brought into Northern Ireland in the baggage of a passenger or other traveller coming from any such third country and meets the conditions in paragraph (A3); or

(b) any small quantity of relevant material originating in the European Union or Switzerland which is brought into Northern Ireland in the baggage of a passenger or other traveller coming from the European Union or Switzerland and meets the conditions in paragraph (A3).

(A2) the provisions are—

(a) Article 4(A1)(e) and (h);

(b) Article 5(A1);

(c) Article 5A(1);

(d) Article 6(A1);

(e) Article 9A;

(f) Article 11A.

(A3) The conditions are that the relevant material—

(a) does not show any signs of the presence of a pest;

(b) is not intended for use in the course of a trade or business;

(c) is intended for household use; and

(d) in the case of any wood originating in a third country, other than the European Union or Switzerland, has been consigned from the Euro-Mediterranean area.”.

(b) omit paragraph (1);

(c) in paragraph (2), for “paragraph (1)” substitute “paragraph (A1)”.

(10) In Article 8—

(a) at the beginning insert—

“(A1) The following documents must be delivered to an inspector by the importer of a consignment of notifiable relevant material within three days of the date of entry of the consignment into Northern Ireland—

(a) any phytosanitary certificate or phytosanitary certificate for re-export which is required under Article 6(A1) to accompany a consignment of notifiable relevant material; and

(b) in the case of notified EU material, the trade documents which accompany the consignment.

(B1) The importer of a consignment of notifiable relevant material must include in a customs document relating to the consignment—

(a) a statement that “this consignment contains produce of phytosanitary relevance”;

(b) the reference number of the phytosanitary certificate or phytosanitary certificate for re-export which is required under Article 6(A1) to accompany the consignment; and

(c) the registration number of the importer.”;

(b) omit paragraphs (1) and (2);

(c) after paragraph (3) insert—

“(4) Paragraph (A1) does not apply to any notifiable relevant material which is in the course of its consignment to an approved place of inspection in another UK territory.”.

(11) Omit Article 9.

(12) Before Article 10 insert—

“Prohibitions applying to notifiable relevant material on entry: Northern Ireland

9A.— (1) This Article applies to notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in Northern Ireland.

(2) No person may move any notifiable relevant material or cause any notifiable relevant material to be moved from its point of entry unless the material is being moved to a designated area of plant health control or an approved place of inspection.

(3) No person may remove or cause any notifiable relevant material to be removed from its point of entry, or where the material is moved to a designated area of plant health control or an approved place of inspection in Northern Ireland, the designated area of plant health control or approved place of inspection, unless an inspector has discharged the material under Article 11 or the removal of the material is permitted under Part 7.

(4) Any notifiable relevant material which is being held at a point of entry or a designated area of plant health control under paragraph (3) must be stored by the importer under the supervision and in accordance with the instructions of an inspector.

(5) The importer is liable for the costs of storing the notifiable relevant material pending its release.”.

(13) In Article 10—

(a) in the words before sub-paragraph (a), for “Article 9(1)” substitute “Article 9A(3)”;

(b) in sub-paragraph (c), for “European Union” substitute “United Kingdom”.

(14) In Article 11—

(a) at the beginning insert—

“(A1) Paragraph B1 applies to any notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in Northern Ireland and is not in the course of its consignment to an approved place of inspection in another UK territory.

(B1) An inspector may discharge notifiable relevant material from its point of entry, designated area of plant health control or approved place of inspection in Northern Ireland if the inspector is satisfied that—

(a) the material meets the prescribed requirements;

(b) the relevant material corresponds with the description given to it in the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on entry; and

(c) the relevant material is accompanied by the correct phytosanitary certificate.”;

(b) omit paragraphs (1) and (2);

(c) in paragraph (3), after “the matters” insert “in paragraph (B1)(a) (in its application to Northern Ireland)”;

(d) omit paragraph (4);

(e) after paragraph (4) insert—

“(4A) An inspector may, for the purpose of being satisfied as to matters in paragraph (B1)(b), carry out an examination of a consignment of relevant material to determine whether it corresponds to its description in the documents that accompany it.”.

(f) omit paragraphs (5) and (6);

(g) in paragraph (8)—

(i) in the words before sub-paragraph (a), after “referred to” insert “in paragraph (B1)(c) or “;

(ii) in sub-paragraph (a), after “Article” insert “8(A1) or”;

(iii) omit sub-paragraph (b) (together with the preceding “and”);

(h) in paragraph (9)—

(i) for “a plant health check” substitute “an examination under paragraph (3)”;

(ii) for “checks” substitute “examination”.

(15) After Article 11 insert—

“Requirements applicable to notified EU material: Northern Ireland

11A.— (1) This Article applies to notified EU material which is brought into a point of entry that is located in Northern Ireland.

(2) An inspector must carry out an examination of—

(a) the phytosanitary certificate or phytosanitary certificate for re-export accompanying a consignment of notified EU material to confirm that the consignment is accompanied by the correct phytosanitary certificate; and

(b) the trade documents that accompany the consignment to confirm that those documents correspond to the description of the relevant material in the phytosanitary certificate or phytosanitary certificate for re-export.”.

(16) In Article 13(1), for the words from “under” to the end substitute “subject to the control of an officer of Revenue and Customs within the meaning of Schedule 1 to the Taxation (Cross-border Trade) Act 2018(13)”.

(17) In Article 14—

(a) omit paragraph (2);

(b) in paragraph (3)—

(i) in sub-paragraph (a), omit “the responsible official body”;

(ii) in sub-paragraph (b), for “one of the official languages of the European Union” substitute “English”;

(iii) omit sub-paragraph (c);

(iv) in sub-paragraph (d), for “Plant Protection Organisations of the Member States of the European Union” substitute “the Plant Protection Organisation of the United Kingdom”;

(c) omit paragraph (4);

(d) after paragraph (4) insert—

“(4A) Where in relation to any relevant material of a description specified in column 2 of Part A, C or D of the list of regulated material, more than one set of entry requirements is specified in the corresponding entry in column 3 of Part A, C or D of that list, the phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of that description must specify under the heading “Additional declaration” which particular requirement has been complied with.”.

(18) After Article 14 insert—

“Requirements to be met by relevant material destined for an approved place of inspection: Northern Ireland

15A.— (1) This Article applies to notifiable relevant material, other than notified EU material, which is destined for an approved place of inspection.

(2) Any relevant material to which this Article applies may not be moved within Northern Ireland unless—

(a) it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry into the United Kingdom;

(b) its packaging and the vehicle in which it is transported is sealed in such a way that there is no risk of the relevant material causing infestation, infection or contamination or a change occurring in the identity of the material or, where the material is destined for an approved place of inspection in Northern Ireland, its movement has been otherwise authorised by the Department.

(3) The importer of any relevant material which is destined for an approved place of inspection in Northern Ireland must give the Department notice of the following particulars no later than three working days before the material is brought into the United Kingdom—

(a) the name, address and location of the approved place of inspection to which the relevant material is destined;

(b) the scheduled date and time of arrival of the relevant material at the approved place of inspection;

(c) the name, address and registration number of the importer;

(d) the reference number of the phytosanitary certificate or phytosanitary certificate for re-export required under Article 6 to accompany the relevant material.

(4) The importer must notify the Department immediately of any changes to the particulars which the importer has given under paragraph (3).

(5) The notice must be given to the Department at the address given by the Department for the purposes of this Article.”.

(19) Omit Articles 15 and 16.

(20) Before Article 17 insert—

“Approved places of inspection: Northern Ireland

16A.— (1) The Department may approve premises which are not located at a point of entry or are not part of a designated area of plant health control as a place at which appropriate checks may be carried out by an inspector in respect of notifiable relevant material, other than notified EU material.

(2) An application for approval under paragraph (1) may be made to the Department by an importer or other person responsible for those premises in such form and containing such information as the Department may specify.

(3) An approval may be granted subject to conditions, including conditions relating to the storage of the relevant material and may be withdrawn at any time if the Department no longer considers that the premises to which the approval relates are suitable for the purpose for which the approval was given.

(4) The Department may only approve premises as an approved place of inspection in respect of notifiable relevant material, other than EU transit material, if the premises have been designated or approved by the Commissioners for Her Majesty’s Revenue and Customs for that purpose.

(5) In the case of any other premises, the Department may only approve those premises as an approved place of inspection for the purpose of carrying out appropriate checks in respect of EU transit material.”.

(21) In Part 3, in the heading, omit “Community”.

(22) Omit Articles 17, 18 and 19.

(23) Before Article 20 insert—

“Prevention of the spread of pests: Northern Ireland

18A.— (1) No person may knowingly keep, store, sell, plant or move or knowingly cause or permit to be kept, stored, sold, planted, moved—

(a) any pest of a description specified in Part A, B or D of the list of prohibited plant pests;

(b) any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a plant pest of a description specified in the corresponding entry in column 3;

(c) any pest which, although not specified in Part A, B or D of the list of prohibited plant pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Northern Ireland and which is likely to be injurious to plants in Northern Ireland;

(d) any relevant material of a description specified in column 2 of Part E of the list of regulated material which originates in the United Kingdom or a CD territory unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

(e) any relevant material originating in a third country which is brought into Northern Ireland in contravention of Article 4(A1)(d) or (e).

(2) No person may knowingly keep, store, plant, sell or move within a pest free area or knowingly cause or permit to be kept, stored, planted, sold or moved within such an area—

(a) any pest of a description specified in column 2 of Part C of the list of prohibited plant pests which relates to a pest free area;

(b) in the case of any pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which is carrying or infested with a pest of a description specified in the corresponding entry in column 3;

(c) any relevant material originating in a third country which is brought into a pest free area in contravention of Article 4(A1)(g);

(d) in the case of any pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which originates in the United Kingdom or a CD teritory, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.

(3) The prohibitions in paragraphs (1) and (2) do not apply to any pest or relevant material which is required to be kept, stored or moved in compliance with a requirement imposed by an inspector under Part 6 or 7.

(4) In this Article, “move” means “move or otherwise dispose of” and “moved” is to be construed accordingly.

Requirements for UK plant passports: Northern Ireland

19A.— (1) No person may move any of the following relevant material into or within Northern Ireland unless it is accompanied by a UK plant passport—

(a) any relevant material of a description specified in the list of controlled material which originates in the United Kingdom or a CD territory;

(b) any relevant material that has been discharged by an inspector under Article 11 or by another appropriate UK plant health authority in an equivalent manner.

(c) in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of controlled material which originates in the European Union or Switzerland and was notified to the Department in accordance with Article 5, or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order;

(2) No person may move any of the following relevant material into or within a pest free area unless it is accompanied by a UK plant passport which is valid for that pest free area or the UK pest free area of which it is a part—

(a) any relevant material of a description, specified in the list of PFA controlled material in respect of the relevant UK pest free area, which originates in the United Kingdom or a CD territory;

(b) any relevant material of a description specified in the list of PFA controlled material in respect of the relevant UK pest free area that has been discharged by an inspector under Article 11 or by another appropriate UK plant health authority in an equivalent manner;

(c) in the case of any notifiable relevant material originating in the European Union or Switzerland which was brought into a point of entry in the United Kingdom, any relevant material specified in the list of PFA controlled material in respect of the relevant UK pest free area which was notified to the Department in accordance with Article 5, or to the appropriate UK plant health authority in accordance with equivalent requirements under the relevant Plant Health Order.

(3) No person may consign from Northern Ireland to another UK territory or a CD territory any of the following relevant material originating in Northern Ireland unless it is accompanied by a UK plant passport—

(a) in the case of relevant material destined for England or Wales, any relevant material of a description specified in the list of controlled material;

(b) in the case of relevant material destined for a place in England or Wales which is within a UK pest free area, any relevant material of a description specified in the list of PFA controlled material in respect of that UK pest free area;

(c) in the case of relevant material destined for Scotland, any relevant material of a description specified in Part A of Schedule 6 to the Plant Health (Scotland) Order 2005;

(d) in the case of relevant material destined for a place in Scotland which is within a UK pest free area, any relevant material of a description specified in Part B of Schedule 6 to the Plant health (Scotland) Order 2005 in respect of that UK pest free area;

(e) in the case of relevant material destined for a CD territory, any relevant material of a description specified for the purposes of this paragraph in the applicable plant health legislation of the CD territory.

(4) In the case of any relevant material originating in a place of production in Northern Ireland, a UK plant passport may only be issued in respect of that material if the material has been subjected to a satisfactory inspection at the place of production.

(5) The requirements in paragraphs (1)(b) and (2)(b) do not apply to any notified EU material moving from its point of entry to its first destination in the United Kingdom if it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry to the United Kingdom.

(6) In paragraphs (1) and (2), “relevant Plant Health Order” has the same meaning as in Part 2.”.

(24) In Article 20—

(a) omit “prohibitions on landing in Article 17(1)(e), (f) and (g) and the”;

(b) after “plant passport” insert “or, as regards Northern Ireland, Article 19A(1)(a), (2)(a) and (3)”;

(25) Omit Article 21.

(26) Before Article 22 insert—

“Validity of UK plant passports: Northern Ireland

21A.— (1) This Article applies to relevant material of a description specified in the list of pest free area controlled material which relates to a pest free area and which is moved through a pest free area to a destination outside the relevant UK pest free area.

(2) The requirements in Article 19A(2) do not apply if the relevant material—

(a) originates outside the relevant UK pest free area;

(b) is accompanied during its transit through the pest free area by a document of a type normally used for trade purposes which certifies that the material originates outside the relevant UK pest free area and is in transit to a final destination outside the relevant UK pest free area and the conditions in paragraph (3) are met.

(3) The conditions are that—

(a) the packaging in which the relevant material is transported and any vehicle which is used to transport the material is free from soil and plant debris and any relevant pest;

(b) the material was sealed immediately after packaging or, where appropriate, after loading, and remains sealed during its journey through the relevant UK pest free area;

(c) the nature or construction of the packaging in which the material is transported and any vehicle which is used to transport the material are sufficient to ensure that there is no risk of any relevant pest which may be present in or on the relevant material escaping.

(4) In this Article—

(a) “relevant UK pest free area”, in relation to any relevant material of a description specified in the list of pest free area controlled material, means the pest free area which is, or is part of, the UK pest free area that has been designated in respect of that material;

(b) “relevant plant pest”, in relation to a UK pest free area, means the plant pest in respect of which the UK pest free area has been designated.”.

(27) In Article 22—

(a) in the heading, for “plant passports” substitute “UK plant passports”;

(b) in paragraphs (1) to (4), for “plant passport”, in each place it occurs, substitute “UK plant passport”;

(c) in paragraph (4)(b)(ii) at the end insert “to the Plant Health Regulations”.

(28) In Part 4, in the heading, for “PLANT PASSPORTS” substitute “UK PLANT PASSPORTS”;

(29) In Article 23 omit paragraph (2).

(30) In Article 26—

(a) in the heading and paragraphs (1), (4), (5) and (6), for “plant passports”, in each place it occurs, substitute “UK plant passports”;

(b) in paragraph (7),at the end insert—

“;

(c)

as regards Northern Ireland, a regulated plant pest.”.

(31) Omit Part 5.

(32) In Article 28—

(a) in paragraph (1)(b), for “plant passport” substitute “UK plant passport”;

(b) in paragraph (7) omit “, including representatives of the European Commission,”.

(33) After Article 28 insert—

“Emergency measures: Northern Ireland

28A.— (1) Where a regulated plant pest is found to be present in Northern Ireland the Department may by notice—

(a) demarcate an area in relation to that infestation for the purpose of eradicating or containing that plant pest; and

(b) specify the prohibitions and restrictions which are to apply in the demarcated area for that purpose.

(2) A notice under paragraph (1)—

(a) must be in writing;

(b) must describe the extent of the demarcated area;

(c) must specify the date on which any such prohibitions or restrictions are to commence;

(d) must be published in a manner appropriate to bring it to the attention of the public; and

(e) must be amended or revoked, in whole or in part, by further notice.”.

(34) In Article 29—

(a) in paragraph (1), for “landed” substitute “brought into a point of entry located”;

(b) in paragraph (2), for “landed” substitute “brought into the point of entry”;

(c) in paragraph (3)—

(i) in sub-paragraph (a), for “landing” substitute “bringing in”;

(ii) in sub-paragraph (b)—

(aa) for “the landing is to be carried out” substitute “any pest or relevant material is to be brought in”;

(bb) for “to the landing” substitute “to its entry”;

(d) in paragraph (5)—

(i) in sub-paragraph (a) at the end insert “or, as regards Northern Ireland, a regulated plant pest”;

(ii) omit sub-paragraph (c) and the preceding “and”;

(e) in paragraph (6)(b)—

(i) omit “or 17”;

(ii) at the end insert “or, as regards Northern Ireland, Article 18A”;

(f) after paragraph (6) insert—

“(6A) Subject to this Article, in the case of relevant material imported from the EU which did not require a plant passport immediately before exit day, such material will not be subject to checks under Articles 11A and 28 of this Order.”.

(35) In Article 30—

(a) in paragraph (2)(a), at the end insert “or, as regards Northern Ireland, a regulated pest”;

(b) in paragraph (4), omit “, including representatives of the European Commission”.

(36) In Article 34(2), omit “, including representatives of the European Commission”.

(37) In Article 35—

(a) in paragraph (1)—

(i) for “landed” substitute “imported into or”;

(ii) before sub-paragraphs (a) insert—

“(za) in the case of any licence granted by the Department, in exercise of any derogation permitted by Schedule 8 to the Plant Health Regulations”;

(iii) omit sub-paragraph (a) and (b);

(b) in paragraph (2), for “(1)(b)” substitute “(1)”;

(c) omit paragraph (3).

(38) In Article 36—

(a) in the heading, omit the words “permitted by Directive 2008/61/EC”;

(b) at the beginning insert—

“(A1) The Department must by licence authorise the importation, movement or keeping of any pest or relevant material for any activity for trial or scientific purposes or for work on varietal selections in Northern Ireland, where the importation, movement or keeping of the pest or relevant material for any such purpose would otherwise be prohibited by this Order, if the Department—

(a) have received an application for a licence containing the information set out in Part A of Schedule 13A; and

(b) are satisfied that the general conditions set out in Part B of Schedule 13A are met in relation to the application.

(B1) A licence granted under paragraph (A1) must be in writing and include—

(a) the conditions specified in Part C of Schedule 13A which are relevant to any pest or relevant material that is the subject of the activities to which the licence relates;

(b) any other conditions as the Department may determine in relation to licence quarantine measures that are appropriate in respect of those activities.”;

(c) omit paragraphs (1) and (2);

(d) in paragraph (3), for “under sub-paragraph (b) or (c) of paragraph (2)” substitute “paragraph (B1)(b).”;

(e) in paragraph (4), for “(1)” substitute “(A1)”;

(f) in paragraph (5), after “this Order” insert “or, as regards Northern Ireland, any regulated pest”;

(g) omit paragraph (6);

(h) in paragraph (7)—

(i) after sub-paragraph (a) insert—

“(aa) “licence quarantine measures”, as regards Northern Ireland, means the measures specified in Part D of Schedule 13A.”;

(ii) omit sub-paragraph (b).

(39) In Article 37—

(a) omit paragraph (2);

(b) after paragraph (2) insert—

“(2A) In paragraph (1), “notifiable pest”, as regards Northern Ireland, means any regulated pest or any other pest, is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland.”.

(40) Omit Article 38.

(41) Before Article 39 insert—

“Notification of the likely entry into, or presence in, a free zone of pests or relevant material: Northern Ireland

38A.— (1) The responsible authority for a free zone in Northern Ireland who knows or suspects that any of the following is likely to be brought into the free zone, or is present in the free zone and has not been cleared out of charge, must immediately give notice of that fact to the Department or an inspector—

(a) any regulated pest;

(b) any other pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(c) any relevant material of a description specified in column 2 of Part A or B of the list of prohibited material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3.

(2) Where a person gives notice in accordance with paragraph (1) orally, the person must confirm it in writing as soon as is reasonably practicable.

(3) In this Article, “responsible authority” and “free zone” have the same meaning as in the Customs Act.”.

(42) In Article 39—

(a) in paragraph (2)—

(i) in sub-paragraph (b)(i), from “Schedule” to the end, substitute “Schedule 1 or 2 to the Plant Health Regulations;”;

(ii) for sub-paragraph (b)(ii) substitute—

“(ii) any pest other than a regulated pest which, although not specified in Schedule 1 or 2 to the Plant Health Regulations, is not normally present in Northern Ireland and is likely to be injurious to trees in Northern Ireland;”;

(iii) in paragraph (4), after “certificates,” insert “UK”.

(43) In Article 40(1)—

(a) in sub-paragraph (a), for paragraphs (i) to (vi) substitute—

“(i) Article 5(A1);

(ia) Article 5A(1);

(ii) Article 8(1);

(iii) Article 9A(2) or (3);

(iv) Article 15A(2), (3) or (4);

(v) Article 18A(1) or (2);

(vi) Article 19A(1), (2) or (3);”;

(b) after sub-paragraph (b) insert—

“(bb) contravenes or fails to comply with any prohibition or restriction in a notice issued under Article 28A;”.

(44) After Article 42 insert—

“Transitional provision: UK plant passports

42A.— (1) An authorisation to issue plant passports which has been granted and has effect immediately before exit day continues to apply on and after exit day as if it were an authorisation to issue UK plant passports.

(2) In the case of any plant passport that has been issued in respect of any relevant material before exit day for the purposes of the movement of that material which takes place before, on or after exit day, the plant passport is to be treated as if it were a UK plant passport and references to a UK plant passport are to be construed accordingly.”.

(45) Omit Schedules 1 to 8.

(46) In Schedule 9—

(a) in the heading, for “plant passports” substitute “UK plant passports”;

(b) in paragraphs 1 and 2, for “plant passport”, in each place it occurs, substitute “UK plant passport”;

(c) in paragraph 3, for “plant passports”, in both places it occurs, substitute “UK plant passports”;

(d) in paragraph 4—

(i) in the words before sub-paragraph (a), for “plant passport” substitute “UK plant passport”;

(ii) for the words in sub-paragraph (a), substitute “English”;

(e) in paragraphs 5 and 6, for “plant passport”, in both places it occurs, substitute “UK plant passport”;

(f) in paragraph 7—

(i) for the words in sub-paragraph (a) substitute “the title ‘UK plant passport’”;

(ii) omit sub-paragraph (b);

(iii) in sub-paragraph (c), for the words from “responsible” to the end substitute “appropriate UK plant health authority”;

(iv) in sub-paragraphs (d) to (g), for “plant passport”, in each place it occurs, substitute “UK plant passport”;

(v) in sub-paragraph (h)—

(aa) for “protected zone”, in the first place it occurs, substitute “UK pest free area”;

(bb) for “ZP” substitute “PFA”;

(vi) in sub-paragraph (i), for “plant passport”, in each place it occurs, substitute “UK plant passport”;

(vii) in sub-paragraph (j), for “Northern Ireland” substitute “United Kingdom or a CD territory;”.

(47) In Schedule 12, in Part A omit paragraph 3;

(48) Omit Schedule 13.

(49) Before Schedule 14 insert—

Article 36

“SCHEDULE 13A Licences for trial or scientific purposes or for work on varietal selections

1.   In this Schedule, “specified activity” means any activity for trial or scientific purposes or for work on varietal selections.

PART A Information to be included in an application for a scientific licence

2.   The name and address of the person responsible for the specified activity.

3.   The following details in relation to the relevant material and plant pests to be used in the specified activity—

(a) their scientific name or names;

(b) the type of relevant material;

(c) the quantity of relevant material;

(d) the place of origin of the relevant material;

(e) the place at which the relevant material is to be first stored or planted after its official release (where relevant);

(f) the proposed method of destruction or treatment of the relevant material on completion of the specified activity (where relevant);

(g) in the case of any relevant material or plant pests which is to be imported from a third country, their proposed point of entry into the United Kingdom.

4.   Appropriate documentary evidence for the material to be imported from a third country.

5.   The duration, nature and objectives of the specified activity, including a resume and a specification of the work to be conducted.

6.   The address and description of the specific site or sites at which the specified activity is to be carried out.

PART B General conditions to be met on application for a scientific licence

7.   The nature and objectives of the specified activity comply with the concept of trial or scientific purposes or for work on varietal selections.

8.   The premises and the facilities at the site or sites at which the specified activity is to be carried out meet any conditions relating to their quarantine.

9.   The personnel carrying out the specified activity have appropriate scientific and technical qualifications.

PART C Licence conditions relating to any plant pest or relevant material to be used in a specified activity

10.   For the purposes of Article 36(B1)(a), the conditions are that—

(a) in the case of any relevant material, the material is accompanied on its entry into the United Kingdom by a letter of authority which has been issued by the relevant national plant protection organisation on the basis of appropriate documentary evidence as regards the place of origin of the material;

(b) in the case of any relevant material of a description specified in Schedule 5 to the Plant Health Regulations, the material is, wherever possible, accompanied on its entry into the United Kingdom, by a phytosanitary certificate issued in the country of origin which—

(i) confirms that the material is free from any regulated plant pest, other than any plant pest whose importation is authorised by the licence;

(ii) includes the statement under the heading ‘Additional declaration’, ‘This material is imported under Article 36 of the Plant Health(Wood and Bark) Order (Northern Ireland) 2006’; and

(iii) includes the name of any authorised plant pest.

11.   The relevant material must be held under quarantine containment conditions and on arrival is directly and immediately moved to the site specified in the licence.

PART D Licence quarantine measures

12.   The licence quarantine measures are—

(a) in the case of the premises, facilities and working procedure which relate to the specified activity:

(i) their physical isolation from all other material which may provide a pathway for a regulated pest, including control of vegetation in surrounding areas, where appropriate;

(ii) the designation of a contact person responsible for the specified activity;

(iii) the implementation of restrictions on access to the premises and facilities and to the surrounding area, as appropriate, to named personnel only;

(iv) the appropriate identification of the premises and facilities being used indicating the type of activities and the personnel responsible;

(v) the maintenance of a register of the activities performed and a manual of operating procedures, including procedures in the event of escape of plant pests from containment;

(vi) the maintenance of appropriate security and alarm systems;

(vii) the implementation of—

(aa) appropriate control measures to prevent the introduction into and the spread within the premises of plant pests;

(bb) controlled procedures for sampling and for transfer between premises and facilities, of the material;

(cc) controls for the disposal of waste, soil and water as appropriate;

(dd) appropriate hygiene and disinfection procedures and facilities for personnel, structures and equipment;

(ee) appropriate measures and facilities for disposal of experimental material;

(ff) appropriate indexing (including testing) facilities and procedures; and

(b) other appropriate quarantine measures according to the specific biology and epidemiology of the type of material involved and the activities approved, including:

(i) the maintenance of facilities with separate chamber ‘double door’ access to personnel;

(ii) the maintenance of facilities under negative air pressure;

(iii) the use of escape-proof containers with appropriate mesh size and other barriers;

(iv) the maintenance of the material in isolation from other plant pests and material;

(v) the maintenance of any material for breeding in breeding cages with manipulation devices;

(vi) the prohibition on interbreeding of the plant pests with indigenous strains or species;

(vii) the implementation of controls on the continuous culture of plant pests;

(viii) the maintenance of the plant pest under conditions that strictly control the multiplication of the plant pest;

(ix) the implementation of procedures to check the purity of cultures of the plant pest for freedom from parasites and other plant pests;

(x) the implementation of appropriate control programmes for the material to eliminate possible vectors;

(xi) in the case of in vitro activities, the implementation of controls on the handling of the material under sterile conditions;

(xii) the maintenance of the plant pest in conditions to ensure that it cannot spread via any vector;

(xiii) the seasonal isolation of the material to ensure that the activities are done during periods of low plant health risk.”.

(1)

S.R. 2006 No. 66, as amended by S.R. 2012 No. 400 and S.R. 2015 No. 129.

(2)

2018 c.22.

(3)

OJ No. L 095, 7.4.2017, p. 1.

(4)

S.R. 2018 No. 184.

(5)

S.R. 2006 No. 66, as amended by S.R. 2012 No. 400 and S.R. 2015 No. 129.

(6)

S.R. 2005 No. 252.

(7)

S.I. 2015/610.

(8)

S.I. 2018/1064 (W. 223).

(9)

S.I. 2005/613 as amended by 2019/XXXX.

(10)

S.I. 2005/2517 as amended by 2019/XXXX.

(11)

S.I. 2019/XXXX.

(12)

1967 c.8.

(13)

2018 c. 22.