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

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Transitional provision: plants, plant products and other objects from EU Member StatesE+W

This section has no associated Explanatory Memorandum

52.[F1(1) This regulation applies to plants, plant products and other objects which—

(a)originate in, or are dispatched from, an EU Member State, Liechtenstein or Switzerland; and

(b)are introduced into Great Britain on or after 31st January 2024 and before the end of the transitional staging period.]

(2) In relation to plants, plant products and other objects to which this regulation applies—

[F2(a)Article 72(1) of Regulation (EU) 2016/2031 does not apply in relation to plants which—

(i)are of a kind other than those listed in Schedule 2; and

(ii)meet the conditions specified in paragraph (2A) or (2B);]

(b)Article 73(1) of Regulation (EU) 2016/2031 does not apply.

[F3(2A) The conditions specified in this paragraph are that the plants—

(a)are introduced into Great Britain as part of a traveller’s personal luggage; and

(b)are not to be used for professional or commercial purposes.

(2B) The condition specified in this paragraph is that the plants are of a category specified in column 1, and of a description specified in the corresponding entry in column 2, of the table in Schedule 2A.

(2C) Article 72(1) does not apply in relation to plants, plant products or other objects of a kind other than those listed in Schedule 2 which are dispatched from an EU Member State, Liechtenstein or Switzerland before 31st January 2024.]

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(4) In paragraph (1), “the transitional staging period” has the meaning given in Annex 6 to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.]

Transitional provision: plants, plant products and other objects from EU Member StatesS

52.[F1(1) This regulation applies to plants, plant products and other objects which—

(a)originate in, or are dispatched from, an EU Member State, Liechtenstein or Switzerland; and

(b)are introduced into Great Britain on or after 31st January 2024 and before the end of the transitional staging period.]

(2) In relation to plants, plant products and other objects to which this regulation applies—

[F2(a)Article 72(1) of Regulation (EU) 2016/2031 does not apply in relation to plants which—

(i)are of a kind other than those listed in Schedule 2; and

(ii)meet the conditions specified in paragraph (2A) or (2B);]

(b)Article 73(1) of Regulation (EU) 2016/2031 does not apply.

[F3(2A) The conditions specified in this paragraph are that the plants—

(a)are introduced into Great Britain as part of a traveller’s personal luggage; and

(b)are not to be used for professional or commercial purposes.

(2B) The condition specified in this paragraph is that the plants are of a category specified in column 1, and of a description specified in the corresponding entry in column 2, of the table in Schedule 2A.

(2C) Article 72(1) does not apply in relation to plants, plant products or other objects of a kind other than those listed in Schedule 2 which are dispatched from an EU Member State, Liechtenstein or Switzerland before 31st January 2024.]

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(4) In paragraph (1), “the transitional staging period” has the meaning given in paragraph 2 (interpretation) of Annex 6 to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.]

[F6Transitional provision: plants, plant products and other objects from EU Member StatesN.I.

52.(1) This regulation applies to plants, plant products and other objects which originate in, or are dispatched from, an EU Member State, other than qualifying Northern Ireland goods, and are introduced into Great Britain during the period commencing on IP completion day and ending on 31st March 2021.

(2) In relation to plants, plant products and other objects to which this regulation applies—

(a)Article 72(1) of Regulation (EU) 2016/2031 only applies if the plants, plant products and other objects are specified in Schedule 2;

(b)Article 73(1) of Regulation (EU) 2016/2031 does not apply.

(3) In paragraph (1), “qualifying Northern Ireland goods” has the meaning given in the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020 M1.]

Extent Information

E3This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I3Reg. 52 in force at 31.12.2020 on IP completion day, see reg. 1(2)(b)

Marginal Citations

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