The Plant Health (Amendment etc.) (EU Exit) Regulations 2020

Chapter 2 U.K.

27.—(1) Chapter 2 is amended as follows.

(2) In Section 2, in the heading, for “Union” substitute “ GB ”.

(3) In Article 4—

(a) in the heading, for “Union” substitute “ GB ”;

(b) in the unnumbered paragraph—

(i) for “Union”, in the first place where it occurs, substitute “ GB ”;

(ii) for “the Union territory” substitute “ Great Britain ”;

(iii) for “referred to in Article 5(2)” substitute “ in Annex 2 to the Phytosanitary Conditions Regulation ”.

(4) In Article 5—

(a) in the heading, for “Union” substitute “ GB ”;

(b) in paragraph 1—

(i) for “Union”, in the first place where it occurs, substitute “ GB ”;

(ii) for “the Union territory” substitute “ Great Britain ”;

(c) omit paragraph 2.

(d) for paragraph 3 substitute—

“3.   The appropriate authority may by regulations modify the list of GB quarantine pests in Annex 2 to the Phytosanitary Conditions Regulation where the results of an assessment show, in respect of Great Britain, that a pest which is not included in that list fulfils the conditions listed in Article 3, or that a pest which is included in that list no longer fulfils one or more of those conditions.”;

(e) omit paragraph 4.

(5) In Article 6—

(a) in paragraph 1—

(i) in the words before point (a), for “Union” substitute “ GB ”;

(ii) in points (a) and (b), for “the Union territory”, in both places where it occurs, substitute “ Great Britain ”;

(iii) in point (c), for “listed in accordance with paragraph 2 of this Article” substitute “ included in the list in the Annex to Commission Delegated Regulation (EU) 2019/1702 ”;

(b) for paragraph 2 substitute—

“2.   The appropriate authority may by regulations amend the list of priority pests in the Annex to Commission Delegated Regulation (EU) 2019/1702 where the results of an assessment show that a GB quarantine pest which is not included in that list fulfils the conditions referred to in points (a) and (b) of paragraph 1, or that a pest which is included in that list no longer fulfils either of those conditions.”.

(6) In Article 7, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”.

(7) In Article 8—

(a) in the heading, for “Union” substitute “ GB ”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member States” substitute “ a competent authority ”;

(bb) for the words from “their territory” to “Article 30(1)” substitute “ in the relevant territory of GB quarantine pests or provisional GB quarantine pests ”;

(ii) in the second subparagraph, for “Union” substitute “ relevant ”;

(c) in paragraph 2—

(i) in point (a), in point (i), for “authorities consider” substitute “ authority considers ”;

(ii) in point (d), for “Union” substitute “ relevant ”;

(d) in paragraph 3—

(i) in the first subparagraph—

(aa) for “Authorisations”, in the first place where it occurs, substitute “ An authorisation ”;

(bb) for “are” substitute “ is ”;

(cc) for “Authorisations”, in the second place where it occurs, substitute “ The authorisation ”;

(ii) in the second subparagraph—

(aa) for “Authorisations” substitute “ An authorisation ”;

(bb) for the words from “respective” to the end substitute “ GB quarantine pest or provisional GB quarantine pest to which the authorisation relates ”;

(e) in paragraph 5—

(i) in the words before point (a), for the words from “Commission” to “laying” substitute “ appropriate authority may by regulations lay ”;

(ii) omit point (a).

(8) In Article 9—

(a) omit paragraphs 1 and 2;

(b) for paragraph 3 substitute—

“3.   Where a professional operator has any evidence concerning an imminent danger of the entry of a GB quarantine pest or a provisional GB quarantine pest into Great Britain, or into a part of Great Britain where it is not yet present, the professional operator must immediately notify the competent authority.”.

(9) In Article 10—

(a) in the heading, for “Union” substitute “ GB ”;

(b) in the first subparagraph—

(i) for the words from “Union quarantine pest” to “Member State” substitute “ GB quarantine pest or a provisional GB quarantine pest in a part of its territory ”;

(ii) for “the Union territory” substitute “ Great Britain ”;

(c) in the second subparagraph, for “Member States concerned” substitute “ competent authority ”.

(10) In Article 11—

(a) for the heading substitute “ Notification of GB quarantine pests by competent authorities ”;

(b) for the words before point (a) substitute—

“1.   A competent authority that officially confirms any of the situations described in paragraph 2 must immediately provide details of the situation to the other competent authorities.

2.   The situations are:”;

(c) in points (a) and (b), in both places where it occurs, for “Union” substitute “ GB ”;

(d) in point (c)—

(i) for “Union”, in the first place where it occurs, substitute “ GB ”;

(ii) for “the Union territory” substitute “ Great Britain ”;

(e) omit the final paragraph.

(11) In Article 12—

(a) in the heading, for “Union” substitute “ GB ”;

(b) in paragraph 1—

(i) for “Article 11” substitute “ Article 11(2) ”;

(ii) for “Union” substitute “ GB ”;

(c) omit paragraph 2.

(12) In Article 13, for “the first paragraph of Article 11” substitute “ Article 11(2) ”.

(13) In Article 14—

(a) in paragraph 1, for the words from “Union” to “Article 30(1)” substitute “ GB quarantine pest or a provisional GB quarantine pest ”;

(b) in paragraph 2, for the second sentence substitute—

“The competent authority must promptly publish any decision made under this paragraph in such manner as the competent authority considers is appropriate to bring it to the attention of the professional operators who may be affected by the decision.”;

(c) in paragraph 3, for “Union” substitute “ GB ”.

(14) In Article 15—

(a) in paragraph 1, for “Union” substitute “ GB ”;

(b) after paragraph 2 insert—

“2A.   The competent authority must promptly publish any decision made under paragraph 2 in such manner as the competent authority considers is appropriate to bring the decision to the attention of the public.”.

(15) In Article 16, for “Union”, in both places where it occurs, substitute “ GB ”.

(16) In Article 17—

(a) in the heading, for “Union” substitute “ GB ”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) for “the first paragraph of Article 11” substitute “ Article 11(2) ”;

(bb) for “Union” substitute “ GB ”;

(ii) in the second subparagraph, for the words from “an implementing” to “provides” substitute “ retained direct EU legislation relating to plant health provides or regulations made under Article 28(1) provide ”;

(c) in paragraph 2, for “Union” substitute “ GB ”;

(d) omit paragraph 3.

(17) In Article 18—

(a) in paragraph 1, for “the first paragraph of Article 11” substitute “ Article 11(2) ”;

(b) omit paragraphs 5 and 6.

(18) In Article 19—

(a) in paragraph 1, for “Competent” substitute “ The competent ”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for “Competent” substitute “ Where appropriate, the competent ”;

(ii) for “infested zones, buffer zones and demarcated areas, where appropriate” substitute “ the infested zones, the buffer zones and the demarcated areas ”;

(d) in paragraph 4, for “Competent” substitute “ The competent ”;

(e) in paragraph 6, in point (b), for “the containment measures referred to in Article 28(2)” substitute “ containment measures, where applicable ”;

(f) in paragraph 7, for the words from the beginning to “supplementing” substitute “ The appropriate authority may by regulations supplement ”.

(19) Omit Article 20.

(20) In Article 21, for the words from the beginning to “amending” substitute “ The appropriate authority may by regulations amend ”.

(21) In Article 22—

(a) in the heading, for “Union”, in both places where it occurs, substitute “ GB ”;

(b) in paragraph 1—

(i) in the words before point (a)—

(aa) for “Member States” substitute “ The competent authorities ”;

(bb) after “surveys” insert “ in the territories for which they are responsible ”;

(ii) in point (a), for “Union” substitute “ GB ”;

(iii) in point (b), for the words from “pest” to the end substitute “ provisional GB quarantine pest or any pest which is subject to measures pursuant to Article 29(2A) ”;

(iv) omit the final subparagraph;

(c) in paragraph 2, in the first subparagraph, after “authority” insert “ carrying out the survey ”;

(d) omit paragraph 3.

(22) In Article 23—

(a) in paragraph 1, for “Member States” substitute “ The competent authorities ”;

(b) omit paragraphs 2 and 3.

(23) In Article 24—

(a) in paragraph 1—

(i) in the first subparagraph, for “Member States” substitute “ the competent authorities ”;

(ii) omit the second subparagraph;

(b) omit paragraph 2.

(24) In Article 25—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member State” substitute “ competent authority ”;

(bb) for “its territory, or a part thereof,” substitute “ Great Britain ”;

(ii) in the second subparagraph, for “Member States” substitute “ The competent authorities ”;

(iii) omit the third subparagraph.

(b) in paragraph 2—

(i) in point (a)—

(aa) for “competent authorities” substitute “ the competent authority ”;

(bb) omit the words from “, including” to the end;

(ii) in points (b) and (c), for “competent authorities”, in both places where it occurs, substitute “ the competent authority ”;

(iii) in point (d), omit “the Commission, the other Member States,”;

(iv) in point (f), omit the words from “and any” to the end;

(v) in point (j), for “authorities”, in the first place where it occurs, substitute “ authority ”;

(c) in paragraph 4—

(i) for the first subparagraph substitute—

“4.   The competent authorities must, before 1st January 2023, establish contingency plans for the priority pests included in the list of priority pests in the Annex to Commission Delegated Regulation (EU) 2019/1702, as it has effect on IP completion day.”;

(ii) after that subparagraph insert—

“4A.   Paragraph 4 does not apply in relation to any priority pest that is removed from that list before 1st January 2023.”;

(iii) the second subparagraph of the existing text becomes paragraph 4B;

(iv) in that paragraph—

(aa) for “Member States” substitute “ the competent authorities ”;

(bb) for “a contingency plan” substitute “ contingency plans ”;

(v) the third subparagraph of the existing text becomes paragraph 4C;

(vi) in that paragraph, for “Member States” substitute “ The competent authorities ”;

(d) omit paragraph 5.

(25) In Article 26—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member States” substitute “ The competent authorities ”;

(bb) after “exercises” insert “ in the territories for which they are responsible ”;

(ii) in the third subparagraph—

(aa) omit “the Member State concerned has recently taken”;

(bb) at the end insert “ have recently been taken ”;

(b) omit paragraphs 2 and 3.

(26) In Article 27—

(a) in paragraph 1, in the first subparagraph—

(i) for “the territory of a Member State” substitute “ Great Britain ”;

(ii) after “competent authority” insert “ for the territory in which it has been found to be present ”;

(iii) omit “, as provided for in Articles 17, 18, and 19,”;

(iv) omit “, as provided for in Article 28(2)”;

(b) omit paragraph 2.

(27) In Article 28—

(a) in the heading, for “Union”, in both places where it occurs, substitute “ GB ”;

(b) in paragraph 1—

(i) for the words before point (a) substitute—

“The appropriate authority may by regulations set out measures against specific GB quarantine pests. The provision that may be made in those regulations may include, in relation to a specific GB quarantine pest, provision:”;

(ii) in point (a)—

(aa) omit “Article 10”;

(bb) after “concerning” insert “ the ”;

(cc) for “Union” substitute “ GB ”;

(iii) in point (b)—

(aa) omit “Article 14”;

(bb) after “concerning” insert “ the ”;

(iv) in point (c)—

(aa) omit “Article 15”;

(bb) after “concerning” insert “ the ”;

(v) for point (d) substitute—

“(d) concerning the eradication of that GB quarantine pest;”;

(vi) after point (d) insert—

“(da) concerning the containment of that GB quarantine pest;”;

(vii) in point (e)—

(aa) omit “Article 18”;

(bb) after “concerning” insert “ the ”;

(viii) in point (f), omit “Article 19”;

(ix) for point (g) substitute—

“(g) concerning surveys of that GB quarantine pest;”;

(x) after point (g) insert—

“(ga) concerning prevention measures in areas outside demarcated areas where necessary to prevent the establishment of that GB quarantine pest in those areas;”;

(xi) for point (h) substitute—

“(h) in the case of a GB quarantine pest which is a priority pest:

(i) concerning surveys for that priority pest, as regards the number of visual examinations, samples and tests for the priority pest;

(ii) concerning contingency plans for that priority pest;

(iii) concerning simulation exercises for that priority pest;

(iv) concerning action plans for that priority pest.”;

(xii) omit points (i) to (k);

(xiii) omit the final subparagraph;

(c) for paragraph 2 substitute—

“2.   Regulations under paragraph 1 may only make provision under point (da) of that paragraph if the appropriate authority has concluded, on the basis of surveys or other evidence, that the eradication of the GB quarantine pest in a demarcated area is not possible.”;

(d) omit paragraph 3;

(e) for paragraph 4 substitute—

“4.   Regulations made under paragraph 1 may include any of the measures specified in Annex 2, taking into account the specific risks of the GB quarantine pest to which the regulations relate and any specific eco-climatic conditions and risks as regards any part of Great Britain.”;

(f) omit paragraphs 5 to 7.

(28) In Article 29—

(a) in the heading—

(i) for “Member States” substitute “ competent authorities ”;

(ii) for “Union” substitute “ GB ”;

(b) in paragraph 1—

(i) in the first subparagraph—

(aa) for the first sentence substitute—

“Where the presence of a pest that is not included in Annex 2 or 2A to the Phytosanitary Conditions Regulation is officially confirmed to be present in a part of Great Britain, and the competent authority considers that the pest may fulfil the conditions for inclusion in Annex 2 to the Phytosanitary Conditions Regulation, the competent authority must immediately assess whether the pest fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 and notify the other competent authorities of its conclusion.”;

(bb) in the third sentence, for “20” substitute “ 19 ”;

(ii) in the third subparagraph—

(aa) for “the territory of a Member State, that Member State” substitute “ Great Britain, the competent authority ”;

(bb) for “the Union territory” substitute “ the territory for which it is responsible ”;

(iii) in the fourth subparagraph, for “Member State” substitute “ competent authority ”;

(iv) in the fifth subparagraph, for “Member State” substitute “ competent authority ”;

(c) for paragraph 2 substitute—

“2.   The competent authority must notify the other competent authorities of the measures that it has taken pursuant to paragraph 1 and the competent authorities must promptly assess whether the pest concerned fulfils the criteria for quarantine pests set out in Section 1 of Annex 1.”;

(d) after paragraph 2 insert—

“2A.   Each competent authority must ensure that interim measures are taken in relation to the pest where it is present in its territory or in a consignment of plants, plant products or other objects introduced into, or moved within, its territory until:

(a) a risk assessment has been carried out which shows that the pest does not fulfil the criteria set out in Subsection 1 of Section 3 of Annex 1; or

(b) regulations in relation to the pest have been made under Article 30(1).

2B.   In paragraph 2A, ‘interim measures’, in relation to a pest which has been provisionally assessed, in accordance with paragraph 2, as fulfilling the criteria set out in Subsection 1 of Section 3 of Annex 1, means any of the following measures insofar as they are relevant:

(a) official confirmation of the presence of the pest where its presence is suspected;

(b) pending official confirmation of the presence of the pest, phytosanitary measures to mitigate the risk of the pest spreading;

(c) where the pest is officially confirmed to be present, eradication measures equivalent to the measures specified in Articles 17 to 19 in relation to GB quarantine pests or, if it is concluded, on the basis of the surveys referred to in Article 19 or other evidence, that the eradication of the pest in a demarcated area is not possible, containment measures; and

(d) any other measures which are necessary or appropriate to prevent the entry of that pest into Great Britain, or its establishment or spread within Great Britain, including risk-based surveys to check for signs and symptoms of that pest.”;

(e) omit paragraph 3.

(29) In Article 30—

(a) for the heading substitute “ Measures concerning provisional GB quarantine pests ”;

(b) before paragraph 1 insert—

“A1.   In this Article, ‘provisional GB quarantine pest’ means a pest which is not included in the list of GB quarantine pests in Annex 2 to the Phytosanitary Conditions Regulation, but which, according to an appropriate assessment, meets the criteria set out in Subsection 2 of Section 3 of Annex 1 and is listed in Annex 2A to the Phytosanitary Conditions Regulation.

A2.   A provisional GB quarantine pest may not be introduced into, moved within, or held, multiplied or released in, Great Britain.”;

(c) for paragraph 1 substitute—

“1.   The appropriate authority may by regulations:

(a) modify Annex 2A to the Phytosanitary Conditions Regulation where the results of an assessment show, in respect of Great Britain, that a pest which is not included in that Annex fulfils the criteria set out Subsection 2 of Section 3 of Annex 1, or that a pest which is included in that Annex no longer fulfils those criteria or fulfils the criteria in Article 3;

(b) make temporary provision for the purposes of preventing the introduction of a provisional GB quarantine pest into Great Britain, or the spread of a provisional GB quarantine pest within Great Britain.”;

(d) after paragraph 1 insert—

“1A.   Regulations under paragraph 1 may include, in relation to a pest which is listed, or is to be listed, in Annex 2A, provision concerning:

(a) measures to be taken in the event of suspicion and official confirmation by competent authorities of the presence of that pest;

(b) measures to be taken immediately by professional operators;

(c) measures to be taken by persons other than professional operators;

(d) the eradication of that pest;

(e) the containment of that pest;

(f) the establishment of demarcated areas;

(g) surveys and modifications of demarcated areas and lifting of restrictions;

(h) surveys of that pest;

(i) prevention measures in areas outside demarcated areas where necessary to protect the establishment of that pest in those areas.”;

(e) omit paragraph 2;

(f) for paragraph 3 substitute—

“3.   Regulations under paragraph 1 may only make provision under point (e) of paragraph 1A if the appropriate authority has concluded, on the basis of the surveys or other evidence, that the eradication of the pest in a demarcated area is not possible.”;

(g) omit paragraph 4;

(h) for paragraph 5 substitute—

“5.   Regulations under paragraph 1 may include any of the measures specified in Annex 2, taking into account the specific risks of the pest.”;

(i) omit paragraphs 6 to 8.

(30) In Article 31—

(a) in the heading, omit “adopted by Member States”;

(b) in paragraph 1—

(i) in the first subparagraph, for the words from the beginning to “(4)” substitute “ The competent authorities may apply within their respective territories more stringent measures than those specified in regulations made under Article 28(1) or 30(1) ”;

(ii) in the second subparagraph—

(aa) for “the Union territory” substitute “ Great Britain ”;

(bb) after “by” insert “ , or under, ”;

(cc) for “102” substitute “ 101 ”;

(c) omit paragraph 2.

(31) In the heading of Section 3, for “Protected zone” substitute “ PFA ”.

(32) In Article 32—

(a) in the heading, for “protected zones” substitute “ GB pest-free areas ”;

(b) for paragraph 1 substitute—

“1.   ‘A PFA quarantine pest’ is a pest which:

(a) is present in Great Britain but not in a part of Great Britain that is recognised as free of that pest in accordance with ISPM4; and

(b) is listed in column (1) of the table in Annex 3 to the Phytosanitary Conditions Regulation.”;

(c) in paragraph 2—

(i) for the first subparagraph substitute—

“A PFA quarantine pest may not be introduced into, moved within, or held, multiplied or released in, any GB pest-free area established in respect of that PFA quarantine pest, and described in the corresponding entry in column (2) of the table in Annex 3 to the Phytosanitary Conditions Regulation.”;

(ii) in the second subparagraph, for “protected zones of protected zone quarantine pests” substitute “ a GB pest-free area of the PFA quarantine pest in respect of which the area was established ”;

(d) in paragraph 3—

(i) omit the first subparagraph;

(ii) for the second subparagraph substitute—

“The appropriate authority may by regulations modify Annex 3 to the Phytosanitary Conditions Regulation where:

(a) a pest is no longer recognised as a PFA quarantine pest;

(b) any additional GB pest-free area is recognised in relation to a PFA quarantine pest;

(c) the extent of an existing GB pest-free area has been altered; or

(d) an existing GB pest-free area is no longer recognised as free from the PFA quarantine pest in respect of which the area was established.”;

(iii) omit the third and fourth subparagraphs;

(e) omit paragraphs 4 to 7.

(33) In Article 33—

(a) in the heading, for “protected zones” substitute “ GB pest-free areas ”;

(b) in paragraph 1—

(i) for “protected zone”, in the first place where it occurs, substitute “ GB pest-free area ”;

(ii) for “respective protected zone” substitute “ relevant PFA ”;

(c) for paragraph 2—

“2.   Where a PFA quarantine pest is found to be present in a GB pest-free area established in respect of that PFA quarantine pest and the competent authority has established a demarcated area in response to its presence, any plant, plant product or other object originating in the demarcated area may only be moved from that demarcated area into the remaining part of that GB pest-free area or into any other GB pest-free area established in respect of that PFA quarantine pest if its movement has been authorised by, or on behalf of, the competent authority by notice.

2A.   By way of derogation from paragraph 2, a plant, plant product or other object may be moved out of that demarcated area and through and out of the GB pest-free area concerned if it is packed and moved in such a way that there is no risk of spreading the relevant PFA quarantine pest within the GB pest-free area.”;

(d) omit paragraph 3.

(34) In Article 34—

(a) in the heading, for “protected zone” substitute “ PFA ”;

(b) in paragraph 1—

(i) for the first subparagraph, substitute—

“1.   The competent authorities must carry out annual surveys of each GB pest-free area within their respective territories as regards the presence of the PFA quarantine pests in respect of which those areas have been established.”;

(ii) for the second subparagraph substitute—

“1A.   The appropriate authority may by regulations supplement this Regulation by laying down detailed rules for the preparation and the content of the surveys referred to in paragraph 1.”;

(c) omit paragraph 2.

(35) Omit Article 35.

Commencement Information

I1 Reg. 27 in force at 31.12.2020 on IP completion day, see reg. 1(2)(b)