The Official Controls (Plant Health) (Prior Notification) and Phytosanitary Conditions (Amendment) Regulations 2023

Amendments to Annex 7

6.—(1) Annex 7 (list of plants, plant products and other objects originating from third countries and the corresponding special requirements for their introduction into Great Britain) is amended as follows.

(2) In Part A (plants, plant products and other objects originating in third countries which may only be introduced into Great Britain if special requirements are met)(1)—

(a) in the section entitled “Interpretation”, after the definition of “ISPM4”, insert—

““ISPM10” means International Standard for Phytosanitary Measures No 10 of December 2015 on requirements for the establishment of pest-free places of production and pest-free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(2);

“ISPM14” means International Standard for Phytosanitary Measures No 14 of April 2019 on the use of integrated measures in a systems approach for pest risk management, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(3);

“ISPM31” means International Standard for Phytosanitary Measures No 31 of December 2015 on methodologies for sampling of consignments, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations(4);”;

(b) in the table—

(i) in entry 8, in column 2 (origin), omit “Cowpea mild mottle virus”;

(ii) after entry 33, insert—

“33A.	Plants for planting, other than seeds, of Capsicum spp.	Any third country	The plants must be accompanied by: (a) an official statement that the plants have been derived from seed complying with the requirements set out in entry 105B, and (b) an official statement that: (i) the plants originate in an area established by the national plant protection organisation in accordance with the measures specified in ISPM4 as an area that is free from Pepper chat fruit viroid, or (ii) the plants have been produced in a site of production where, since the beginning of the last cycle of vegetation, no symptoms of disease caused by Pepper chat fruit viroid have been observed and where the following actions have been taken: (aa) staff and items such as tools, machinery, vehicles, vessels and packaging material from other sites producing solanaceous plants and other host plants of Pepper chat fruit viroid have been prevented from coming into contact with the site, or (bb) other appropriate hygiene measures have been taken to prevent infection by staff working, or items used, at other sites producing solanaceous plants and other host plants of Pepper chat fruit viroid.
33B.	Plants for planting, other than seed, of Solanum lycopersicum L. and its hybrids	Any third country	The plants must be accompanied by: (a) an official statement that the plants have been derived from seed complying with the requirements set out in entry 105C, and (b) an official statement that: (i) the plants originate in an area established by the national plant protection organisation in accordance with the measures specified in ISPM4 as an area that is free from Citrus exocortis viroid, Columnea latent viroid, Pepper chat fruit viroid and Tomato planta macho viroid, or (ii) the plants have been produced in a site of production where, since the beginning of the last cycle of vegetation, no symptoms of disease caused by Citrus exocortis viroid, Columnea latent viroid, Pepper chat fruit viroid or Tomato planta macho viroid have been observed and where the following actions have been taken: (aa) staff and items such as tools, machinery, vehicles, vessels and packaging material from other sites producing solanaceous plants and other host plants of Citrus exocortis viroid, Columnea latent viroid, Pepper chat fruit viroid or Tomato planta macho viroid have been prevented from coming into contact with the site, or (bb) other appropriate hygiene measures have been taken to prevent infection by staff working, or items used, at other sites producing solanaceous plants and other host plants of Citrus exocortis viroid, Columnea latent viroid, Pepper chat fruit viroid or Tomato planta macho viroid.”;

(iii) after entry 42A(5) insert—

“42B.

Naturally or artificially dwarfed plants of Chamaecyparis Spach., Juniperus L., or Pinus L., but in the case of Pinus L., either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr) or Pinus thunbergii Parl., or of— (a) Pinus parviflora Sieb. & Zucc. grafted on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc., or (b) Pinus thunbergii Parl., grafted on a rootstock of a Pinus L. species other than Pinus thunbergii Parl.

Japan

The plants must be accompanied by an official statement that: (a) they are naturally or artificially dwarfed plants: (i) of Chamaecyparis Spach., (ii) of Juniperus L., or (iii) of Pinus L., but in the case of Pinus L., they are one of the following: (aa) entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr), (bb) entirely of the species Pinus thunbergii Parl., (cc) of Pinus parviflora Sieb. & Zucc. grafted on a rootstock of a Pinus L. species other than Pinus parviflora Sieb. & Zucc. which has borne no shoots and originated in Japan, or (dd) of Pinus thunbergii Parl., grafted on a rootstock of a Pinus L. species other than Pinus thunbergii Parl. which has borne no shoots and originated in Japan, (b) prior to export they have been grown, held and trained for at least two consecutive years in officially registered nurseries which are subject to an officially supervised control regime, (c) in the case of Juniperus L. plants: (i) the plants of Juniperus L. and any plants of Chaenomeles Lindl., Crataegus L., Cydonia Mill., Malus Mill., Photinia Ldl. and Pyrus L. grown in the two years prior to export in the plant nurseries mentioned in point (b) for naturally or artificially dwarfed plants, and (ii) the immediate vicinity of the plants referred to in sub-paragraph (i), have been officially inspected at least six times a year at appropriate intervals and found to be free from the following: Aschistonyx eppoi Inouye, Gymnosporangium asiaticum Miyabe ex Yamada and G. yamadae Miyabe ex Yamada, Oligonychus perditus Pritchard et Baker, Popillia japonica Newman, and any other GB quarantine pest or provisional GB quarantine pest, (d) in the case of Chamaecyparis Spach. plants: (i) the plants of Chamaecyparis Spach. and of Pinus L. grown in the nurseries mentioned in point (b) for naturally or artificially dwarfed plants, and (ii) the immediate vicinity of the plants referred to in sub-paragraph (i), have been officially inspected at least six times a year at appropriate intervals and found to be free from Popillia japonica Newman and any other GB quarantine pest or provisional GB quarantine pest, (e) in the case of Pinus parviflora Sieb. & Zucc. plants: (i) the plants of Pinus L. and of Chamaecyparis Spach. grown in the nurseries mentioned in point (b) for naturally or artificially dwarfed plants, and (ii) the immediate vicinity of the plants referred to in sub-paragraph (i), have been officially inspected, at least six times a year at appropriate intervals and found to be free from the following: Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al., Coleosporium paederiae Dietel ex Hirats. f., Crisicoccus pini (Kuwana), Cronartium kurilense (Dietel) Y. Ono, Cronartium quercuum (Berk.) Miyabe ex Shirai, Dendrolimus sibiricus Chetverikov, Dendrolimus spectabilis (Butler), Dendrolimus superans Butler, Monochamus spp., Pissodes nitidus Roelofs, Popillia japonica Newman, Pseudocercospora pini-densiflorae (Hori & Nambu) Deighton, Thecodiplosis japonensis Uchida & Inouye, and any other GB quarantine pest or provisional GB quarantine pest, (f) in the case of Pinus thunbergii Parl plants: (i) the plants of Pinus L. and of Chamaecyparis Spach. grown in the nurseries mentioned in point (b) for naturally or artificially dwarfed plants, and (ii) the immediate vicinity of the plants referred to in sub-paragraph (i), have been officially inspected at least six times a year at appropriate intervals and found to be free from the following: Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al., Coleosporium asterum (Dietel) Sydow & P. Sydow, Coleosporium phellodendri Komarov, Crisicoccus pini (Kuwana), Cronartium orientale Kaneko, Dendrolimus sibiricus Chetverikov, Dendrolimus spectabilis (Butler), Dendrolimus superans Butler, Dothistroma septosporum (Dorogin) Morelet, Fusarium circinatum Nirenberg & O’Donnell, Monochamus spp. (non-European populations), Pissodes nitidus Roelofs, Popillia japonica Newman, Pseudocercospora pini-densiflorae (Hori & Nambu) Deighton, Sirex nitobei Mats., Thecodiplosis japonensis Uchida & Inouye, Urocerus japonicus (F. Sm), and any other GB quarantine pest or provisional GB quarantine pest, (g) the plants intended for Great Britain have at least during the period referred to in point (b): (i) been potted in pots which are placed either on shelves at least 50cm above ground or on concrete flooring which is well maintained and free from debris, (ii) been found to be free, in the inspections referred to in point (c) to (f), from the pests specified in point (c) to (f), (iii) in the case of plants of Pinus parviflora Sieb. & Zucc. or Pinus thunbergii Parl. grafted on a rootstock of another Pinus L. species, been grafted on a rootstock derived from sources officially approved as healthy material, and (iv) been made recognisable with a marking or a traceability code, exclusive for each individual plant and notified to the national plant protection organisation of Japan, enabling the identification of the officially registered nursery and the year of potting, and (h) the plants have been traceable from the time of their removal from the nursery until the time of loading for export, the tracing assured by sealing of transport vehicles or appropriate alternatives. The following additional requirements must be complied with. (1) The annual lists of the registered nurseries must be made available to the national plant protection organisation of the United Kingdom by 1st March each year. Those lists must include the number of plants grown in each of these nurseries which are deemed suitable for dispatch to Great Britain under the conditions laid down. (2) The total number of plants dispatched to Great Britain must not exceed the quantities which have been approved by the national plant protection organisation of the United Kingdom in advance, having regard to the availability of quarantine facilities. (3) In the case of plants of Juniperus L., the plants may only be imported into Great Britain during the period beginning on 1st November each year and ending on 31st March the following year. (4) Any detection of the pests specified in points (c) to (f) in the inspections carried out pursuant to those points must be officially recorded, and the records must be kept available to the national plant protection organisation of the United Kingdom, upon its request. (5) The detection of any pests which are specified in points (c) to (f) disqualifies the nursery from the status of officially registered nursery and from exporting the plants specified in column 1 to Great Britain. The national plant protection organisation of the United Kingdom must be informed immediately of such detection. In such case, the registration can be renewed only in the following year. (6) Following their import into Great Britain, the plants must be subject, before their release, to official post-entry detention in a confinement facility or quarantine station of not less than three months of active growth in the case of Pinus L. and Chamaecyparis Spach. plants, and for a period including the active growth season from 1st April until 30th June in the case of Juniperus L. plants, and must have been found to be free, during this post-entry detention, from any pests listed in points (c) to (f). Particular attention must be given by the competent authority or the professional operators to preserve for each plant the marking or traceability code referred to in point (g)(iv). (7) Any lot in which plants have not been found to be free, during the post-entry detention, from the pests of concern must be immediately destroyed under official supervision. (8) If any contamination by the pests of concern is confirmed during the post-entry detention period, the relevant nursery in Japan must be treated as disqualified from its status as an officially registered nursery. The national plant protection organisation of the United Kingdom must immediately inform the national plant protection organisation of Japan of the contamination and the disqualification. (9) The phytosanitary certificate under the heading “Additional declaration” must indicate: the name or names of the officially registered nursery or nurseries; the markings or traceability codes referred to in point (g)(iv), as far as they enable identification of the registered nursery and the year of potting; the specification of the last treatment applied, prior to dispatch.”;

(iv) omit entry 92;

(v) in entry 94, in column 3 (special requirements), in the first unnumbered paragraph—

(aa) in point (c)(i), after “production”, in the first place where it occurs, insert “*”;

(bb) in point (c)(ii), for the words from “, which” to the end substitute “and prior to export, including a visual examination with an intensity to enable at least the detection of a 2% level of infestation, with a level of confidence of 95% in accordance with the measures specified in ISPM31 and including destructive sampling in case of symptoms”;

(cc) for “and” after point (c)(ii), substitute “or”;

(dd) omit point (c)(iii) and the “or” after it;

(ee) for point (d) substitute—

“(d) an official statement: (i) that they have been produced in a site(s) of production* approved by the national plant protection organisation of the country of origin, (ii) that they have been subjected to an effective systems approach** in accordance with the measures specified in ISPM14 or an effective stand-alone post-harvest treatment** to ensure freedom from Thaumatotibia leucotreta (Meyrick), and (iii) that, prior to export, they have been subjected to official inspections for the presence of Thaumatotibia leucotreta (Meyrick), with an intensity to enable at least the detection of a 2% level of infestation, with a level of confidence of 95% in accordance with the measures specified in ISPM31 and including destructive sampling in case of symptoms.”;

(vi) in entry 94, in column 3, in the second unnumbered paragraph preceded by an asterisk, after “area(s)”, insert “, place(s) of production or site(s) of production”;

(vii) in entry 94, in column 3, in the fourth unnumbered paragraph—

(aa) after the second indented sub-paragraph insert—

“-the official statement referred to in point (c) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the place(s) of production,”;

(bb) in the last indented sub-paragraph, for “treatment or approach” substitute “site(s) of production and the systems approach or post-harvest treatment”;

(viii) in entry 100, in column 3, in the first unnumbered paragraph—

(aa) in the words before point (c)(i), after “statement”, insert “, which includes information on traceability,”;

(bb) in point (c)(i), for the words from “its immediate” to the end substitute “its immediate vicinity, and they have been subjected to effective treatments to ensure freedom from the pest and an inspection of a representative sample of fruits prior to export which has shown the fruits to be free of that pest”;

(ix) in entry 102A, in column 3, at the end insert—

“A phytosanitary certificate may not include the official statement referred to in point (b) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas.”;

(x) after entry 105A insert—

“105B.	Seeds of Capsicum spp.	Any third country	The seeds must be accompanied by an official statement that they: (a) originate in an area* established by the national plant protection organisation in accordance with the measures specified in ISPM4 as an area that is free from Pepper chat fruit viroid, (b) are derived from plants grown throughout their life in a place of production** established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Pepper chat fruit viroid and verified through official inspections and, where appropriate, testing, or (c) have been subjected to official testing for Pepper chat fruit viroid on a statistically based sample in accordance with ISPM31 and using an appropriate method and have been found, in this test, to be free from this pest. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”. ** The name(s) of the place(s) of production must be included in the phytosanitary certificate under the heading “Additional declaration”.
105C.	Seeds of Solanum lycopersicum L. and its hybrids	Any third country	The seeds must be accompanied by an official statement that they: (a) originate in an area* established by the national plant protection organisation in accordance with the measures specified in ISPM4 as an area that is free from Citrus exocortis viroid, Columnea latent viroid, Pepper chat fruit viroid and Tomato planta macho viroid, (b) are derived from plants grown throughout their life in a place of production** established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Citrus exocortis viroid, Columnea latent viroid, Pepper chat fruit viroid and Tomato planta macho viroid and verified through official inspections and, where appropriate, testing, or (c) have been subjected to official testing for Citrus exocortis viroid, Columnea latent viroid, Pepper chat fruit viroid and Tomato planta macho viroid on a statistically based sample in accordance with ISPM31 and using an appropriate method and have been found, in these tests, to be free from these pests. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”. ** The name(s) of the place(s) of production must be included in the phytosanitary certificate under the heading “Additional declaration”.”;

(xi) in entry 125, in column 2, after “country” insert “other than Canada and the USA”;

(xii) after entry 125 insert—

“125A.

Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of: chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees, wood packaging material, except associated controlled dunnage, but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood

Canada and the USA

The wood must be accompanied by an official statement that it: (a) originates in an area* established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100 km of a known outbreak of Agrilus planipennis Fairmaire, (b) has undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood, or (c) has been— (i) debarked, all sawn wood being produced from such debarked wood**, (ii) heated through its profile to at least 71°C for 1200 minutes in a heat chamber approved by the relevant national plant protection organisation’s inspection service***, and (iii) dried following industrial drying schedules of a duration of at least two weeks, recognised by the relevant national plant protection organisation’s inspection service*** and the final moisture content of the wood must not exceed 10% expressed as a percentage of dry matter. * The names(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”. A phytosanitary certificate may not include any such official statement unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the area or areas. ** The maximum tolerance level for residual pieces of bark is 50 cm2 in area. *** The inspection services as officially approved by the national plant protection organisation in the country of origin or the country of processing, namely Canada or the USA. In the case of wood declared to comply with the requirements listed in point (c): (1) the wood must be produced, handled or stored in a facility**** which fulfils all the following requirements: (i) it is officially approved by the relevant national plant protection organisation’s inspection service pursuant to its certification programme for the pest Agrilus planipennis Fairmaire, (ii) it is registered in a database published by the relevant inspection service, (iii) it is audited *****at least once per month by the relevant national plant protection organisation’s inspection service, or an agency approved by that inspection service, which concludes in each audit that the facility has treated wood as per the requirements listed in point (c), (iv) it uses equipment for the treatment of the wood which has been calibrated consistently with the equipment’s manual of operation, (v) it keeps records of its procedures for verification by the relevant national plant protection organisation’s inspection service, or an agency approved by that inspection service, including the duration of treatment, temperatures during treatment and, for each specific bundle to be exported, the compliance check and final moisture content. ****The name of the facility or facilities must be included in the phytosanitary certificate under the heading “Additional declaration”. *****Where these audits are performed by an agency approved by the relevant national plant protection organisation’s inspection service, the relevant national plant protection organisation’s inspection service must carry out six-monthly audits of this work. The six-monthly audits must include the verification of the procedures and documentation of the agency and audits at approved facilities. (2) Each bundle of wood must visibly display both the unique bundle number and a label with the words “HTKD” or “Heat Treated-Kiln Dried”. That label must be issued by, or under the supervision of, a designated officer of the approved facility after verifying that the processing requirements set out in point (c) and the requirements for facilities set out in point (1) have been complied with. The bundle number(s) corresponding to each specific bundle being exported must be included in the phytosanitary certificate under the heading “Additional declaration”. (3) The wood must have been inspected before export by the relevant national plant protection organisation’s inspection service, or an agency approved by that inspection service, to ensure that the requirements laid down in point (c) and point (2) are met.”

(1)

Annex 7 was substituted by S.I. 2020/1527 and amended by S.I. 2021/136, 426, 641, 1171, 1229, 2022/114, 484, 1090, 1120, 2023/959.

(2)

Available from the IPPC Secretariat AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int.

(3)

Available from the IPPC Secretariat AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int.

(4)

Available from the IPPC Secretariat AGPP-FAO, Viale Delle Terme di Caracalla, 00153, Rome, Italy and at https://www.ippc.int.

(5)

Entry 42A was inserted by S.I. 2021/641.