2020 No. 293

Plant Health

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

Made30th November 2020

Coming into operation23rd December 2020

The Department of Agriculture, Environment and Rural Affairs is a Northern Ireland department designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the common agricultural policy of the European Union.

The Department of Agriculture, Environment and Rural Affairs makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19723.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears expedient to the Department of Agriculture, Environment and Rural Affairs for the references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 and to the European Union instruments mentioned in regulation 3(1) to be construed as references to those instruments as amended from time to time.

PART 1Introduction

Citation and commencementI11

These Regulations may be cited as the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 and come into operation on 23rd December 2020.

Interpretation: generalI22

1

The Interpretation Act (Northern Ireland) 19544 applies to these Regulations as it applies to an Act of the Assembly.

2

In these Regulations—

“controlled consignment” means a consignment containing any plant, plant product or other object—
1. a
  which may not be brought into the Union territory without a phytosanitary certificate for export or a phytosanitary certificate for re-export pursuant to—
  1. i
    Article 72 or 74 of the EU Plant Health Regulation;
  2. ii
    an EU emergency decision; or
  3. iii
    any other EU plant health rule, other than Article 73 of the EU Plant Health Regulation; or
2. b
  which was exported from the Union territory to a third country and is returning to the Union territory following the refusal by that third country to allow its entry into the country;
“controlled plant pest” means—
1. a
  a plant pest of a description specified in Annexes 2, 3 or 4 to the Phytosanitary Conditions Regulation;
2. b
  a plant pest of a description specified in an EU emergency decision; or
3. c
  a plant pest subject to any other EU plant health rule, including a potential quarantine plant pest within the meaning given in regulation 21(3);
“the Department” means the Department of Agriculture, Environment and Rural Affairs;
“Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community5;
“EU emergency decision” means an instrument referred to in regulation 3(1);
“EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC6;
“EU plant health rule” means a rule within the meaning given in Article 1(2)(g) of the Official Controls Regulation;
“ISPM 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations, as last revised by the Commission on Phytosanitary Measures in April 20137
“Official Controls Regulation” means 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429, and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC insofar as it applies to EU plant health rules8;
“Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/20199;
“plant health inspector” means an official plant health officer appointed by the Department;
“plant pest” means a pest within the meaning given in Article 1(1) and (2) of the EU Plant Health Regulation;
“regulated item” means—
1. a
  any plant, plant product or other object to which an EU plant health rule applies, other than any plant, plant product or other object which is part of a controlled consignment; or
2. b
  a controlled plant pest.

3

Unless the context otherwise requires, words and expressions which are not defined in these Regulations but appear in both these Regulations and in the EU Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as they have in the EU Plant Health Regulation or, as the case may be, in the Official Controls Regulation.

Interpretation: EU DecisionsI33

1

In these Regulations—

“Commission Decision 98/109/EC” means Commission Decision 98/109/EC authorising member States temporarily to take emergency measures against the dissemination of Thrips palmi Karny as regards Thailand10;
“Commission Decision 2002/757/EC” means Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. Nov.11;
“Commission Decision 2004/200/EC” means Commission Decision 2004/200/EC on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus12;
“Commission Implementing Decision 2011/787/EU” means Commission Implementing Decision 2011/787/EU authorising member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt13;
“Commission Implementing Decision 2012/138/EU” means Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster)14;
“Commission Implementing Decision 2012/270/EU” means Commission Implementing Decision 2012/270/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix papa sp. n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)15;
“Commission Implementing Decision 2012/535/EU” means Commission Implementing Decision 2012/535/EU on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode)16;
“Commission Implementing Decision 2012/697/EU” means Commission Implementing Decision 2012/697/EU as regards measures to prevent the introduction into and the spread within the Union of the genus Pomacea (Perry)17;
“Commission Implementing Decision (EU) 2015/789” means Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)18;
“Commission Implementing Decision (EU) 2015/893” means Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulksy)19;
“Commission Implementing Decision (EU) 2016/715” means Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa.20;
“Commission Implementing Decision (EU) 2018/638” means Commission Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and the spread within the Union of the harmful organism Spodoptera frugiperda (Smith)21;
“Commission Implementing Decision (EU) 2018/1503” means Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann)22;
“Commission Implementing Decision (EU) 2019/1739” means Commission Implementing Decision (EU) 2019/1739 establishing emergency measures to prevent the introduction into and the spread within the Union of Rose Rosette virus23;
“Commission Implementing Decision (EU) 2019/2032” means Commission Implementing Decision (EU) 2019/2032 establishing measures to prevent the introduction into and the spread within the Union of Fusarium circinatum Nirenberg & O’Donnell (formerly Gibberella circinata) and repealing Decision 2007/433/EC24;
“Commission Implementing Regulation (EU) 2020/885” means Commission Implementing Regulation (EU) 2020/885 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto25;
“Commission Implementing Regulation (EU) 2020/1191” means Commission Implementing Regulation (EU) 2020/1191 establishing measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV)26.

2

In these Regulations, references to the Phytosanitary Conditions Regulation and to the European Union instruments referred to in paragraph (1) are to be construed as references to those instruments as amended from time to time.

Measures adopted pursuant to Article 30(1) of the EU Plant Health RegulationI44

Any reference in the EU Plant Health Regulation to a pest that is subject to the measures adopted pursuant to Article 30(1) includes the following plant pests—

The responsible operator of a controlled consignment which is to be brought into Northern Ireland by air must have notified the Department of the consignment’s expected arrival at least four working hours before its expected arrival in Northern Ireland.

2

In the case of any controlled consignment which consists, in whole or in part, of unprocessed logs or sawn or chipped wood and is to be brought into Northern Ireland at a point of entry which only has a temporary border control post, the responsible operator must have notified the Department of the consignment’s arrival at least three working days before its expected arrival in Northern Ireland.

3

Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 does not apply to any responsible operator of a controlled consignment referred to in paragraph (1) or (2).

4

In this regulation—

“Commission Implementing Regulation (EU) 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union27;
“responsible operator”, in relation to a controlled consignment, means an operator who is required to ensure that the consignment is presented for official controls at the border control post of first arrival into the Union in accordance with Article 47(5) of the Official Controls Regulation;
“temporary border control post” means a border control post in Northern Ireland which has been exempted from the obligations in Article 64(3)(a), (c) and (f) of the Official Controls Regulation pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts28;
“working day” means any day, other than—
1. a
  a Saturday or Sunday;
2. b
  Christmas Day or Good Friday; or
3. c
  a public holiday in Northern Ireland, including a bank holiday under the Banking and Financial Dealings Act 197129;
“working hour” means a period of one hour during a working day.

Suspicion of non-complianceI88

1

This regulation applies where a plant health inspector suspects that a controlled consignment or a regulated item is likely to be, or has been, brought into Northern Ireland from a third country in contravention of an EU plant health rule or that any such consignment or item may not otherwise comply with an EU plant health rule.

2

A plant health inspector must serve a notice on the operator who is responsible for the controlled consignment or regulated item—

a

placing the consignment or item under official detention; and

b

prohibiting the entry of the consignment or item into the Union territory,

pending the outcome of official controls to confirm or eliminate the suspicion referred to in paragraph (1).

3

This regulation applies to any controlled consignment or regulated item whether or not its ultimate destination is in Northern Ireland.

Consignments not correctly presented for official controlsI99

Where a plant health inspector suspects or is aware that a controlled consignment has not been presented for official controls in accordance with Article 47(1) of the Official Controls Regulation, or in accordance with the other requirements referred to in Article 66(6) of that Regulation, the plant health inspector must serve a notice on the operator who is responsible for the consignment recalling the consignment and placing the consignment under official detention.

Official measures in relation to non-compliant consignments or consignments which pose a risk to plant healthI1010

1

This regulation applies to—

a

4

A permit may only be granted under paragraph (1)(a) if the Department is satisfied that the facility complies with the requirements specified in respect of inspection centres in Article 8 of Regulation (EU) 2019/1014.

5

A permit may only be granted under paragraph (1)(b) if the Department is satisfied that the commercial storage facilities comply with the requirements specified in respect of commercial storage facilities in Article 3(11) of Regulation (EU) 2019/1014.

6

A permit granted under paragraph (1)(a) or (b) must be in writing and may be granted—

a

subject to conditions;

b

for an indefinite period or a specified period.

7

A permit granted under paragraph (1)(a) or (b) may be modified, suspended or revoked by the Department at any time by notice in writing.

8

In this regulation, “Regulation (EU) 2019/1014” means Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points30.

An application for approval under paragraph (6) must be made to the Department in the manner and form required by the Department.

8

An approval may be granted subject to conditions, including conditions relating to the storage of controlled consignments, and may be withdrawn at any time if the Department no longer considers that the place to which the approval relates is suitable for the purpose for which the approval was given.

9

The Department may only approve a place as an approved place of inspection if the place has been approved by the Commissioners for Her Majesty’s Revenue and Customs for use as a temporary storage facility.

10

In this regulation—

“approved place of inspection” means a place which is approved as a place of inspection by the Department under paragraph (6);
“plant health movement document” means a document in the form set out in the Annex to Commission Directive 2004/103/EC on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks31;
“relevant period” means the period beginning on the date upon which these Regulations come into operation and ending on 13^th December 2020;
“temporary storage facility” means a storage facility within the meaning of Article 148 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code32;
“working day” has the meaning given in regulation 7(4).

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

IntroductionI1414

1

This Part applies if a plant health inspector suspects that a controlled plant pest or prohibited material is present or likely to be present, or becomes aware that a controlled plant pest or prohibited material is present, on any premises in Northern Ireland.

2

In this Part—

“premises” includes any place, including any land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure;
“prohibited material” means—
1. a
  a plant, plant product or other object which is carrying or infected with a controlled plant pest or may be carrying or infected with a controlled plant pest;
2. b
  a plant, plant product or other object whose entry into the Union territory or Northern Ireland is prohibited under an EU plant health rule or Part 1 of Schedule 1;
3. c
  a plant, plant product or other object the movement of which within the Union territory or into, within or from Northern Ireland, is prohibited under an EU plant health rule or Part 2 of Schedule 1.

Notices in relation to controlled plant pests or prohibited materialI1515

1

A plant health inspector may serve a notice on the appropriate person—

a

requiring the appropriate person to treat, destroy or otherwise dispose of the controlled plant pest or prohibited material;

b

prohibiting for the period specified in the notice—

i

the removal of any controlled plant pest or prohibited material from the premises; or

ii

any activity which the inspector considers necessary to prohibit in order to prevent the establishment or spread of a controlled plant pest;

c

requiring the removal of any controlled plant pest or prohibited material from the premises; or

d

requiring the taking of any other steps, as specified in the notice, which the inspector considers necessary to eradicate the controlled plant pest or prevent its establishment or spread.

2

If a plant health inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of, or ensuring the eradication of, any controlled plant pest from any premises, the inspector may serve a notice on the occupier imposing any prohibition or requiring any reasonable step to be taken for that purpose.

3

In paragraph (1) “appropriate person” means—

a

in the case of premises used by a professional operator, the professional operator;

b

in the case of any other premises—

i

the occupier or any other person in charge of the premises;

ii

any other person who is in charge of the controlled plant pest or the prohibited material at those premises.

1

This regulation applies where the Department has officially confirmed the presence of a controlled plant pest which is not known to be present in Northern Ireland or the presence of a controlled plant pest in an area of Northern Ireland where it was not previously present.

2

The Department may by notice—

a

demarcate an area in relation to the presence of the controlled plant pest for the purpose of eradicating or containing the plant pest;

b

specify the prohibitions or restrictions which are to apply to the demarcated area for that purpose.

3

A notice under paragraph (2)—

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;

e

may be amended or revoked, in whole or in part, by further notice.

PART 5Temporary national measures relating to plant health

Temporary national measures relating to plant healthI1818

Schedule 1 contains additional temporary measures to prevent the entry of certain controlled plant pests into Northern Ireland, or their establishment in, or spread within, Northern Ireland.

PART 6Registration, authorisations and certificates

Applications for registrationI1919

An application for registration pursuant to Article 66(1) of the EU Plant Health Regulation which is to be submitted to the Department must be submitted in the manner and form required by the Department.

Other applicationsI2020

1

The following applications must be made to the Department in the manner and form required by the Department—

a

an application for a temporary authorisation to permit a relevant activity for official testing, scientific or educational purposes, trials, varietal selection or breeding;

b

an application for an authorisation referred to in Article 64(2) of the EU Plant Health Regulation;

c

an application for an authorisation referred to in Article 89(1) of the EU Plant Health Regulation;

d

an application for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation;

e

an application for the issue of a phytosanitary certificate for export, a phytosanitary certificate for re-export or a pre-export certificate.

2

In this regulation—

“relevant activity” means an activity which would otherwise be prohibited under the EU Plant Health Regulation, an EU emergency decision or another EU plant health rule involving—
1. a
  the introduction of a plant pest or a plant, plant product or other object into Northern Ireland;
2. b
  the movement of a plant pest or a plant, plant product or other object within Northern Ireland;
3. c
  the holding of a controlled plant pest or a plant, plant product or other object at premises in Northern Ireland; or
4. d
  the multiplication of a plant pest at premises in Northern Ireland.

Authorisations for other purposesI2121

1

The Department may grant an authorisation to permit—

a

the carrying out of any activity specified in a plant health derogation;

b

the introduction into Northern Ireland, the movement within Northern Ireland, or the holding or multiplication in Northern Ireland, of a potential quarantine plant pest for official testing, scientific or educational purposes, trials, varietal selection or breeding; or

c

the carrying out of any other activity which requires the approval of the Department under the EU Plant Health Regulation, the Official Controls Regulation or these Regulations.

2

An application for any such authorisation must be made to the Department in the manner and form required by the Department.

3

In paragraph (1)—

“plant health derogation” means—
1. a
  a derogation from provisions of the EU Plant Health Regulation which is set out in an implementing or delegated act adopted by the European Commission under the EU Plant Health Regulation or the Official Controls Regulation; or
2. b
  a derogation in any decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, which continues to apply for the purposes of the EU Plant Health Regulation on or after the commencement date and allows member States to authorise an activity which would otherwise be prohibited by or under the EU Plant Health Regulation.
“potential quarantine plant pest” means a plant pest which is not a Union quarantine pest, a protected zone quarantine pest or a plant pest subject to any measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation, but which, in the opinion of the Department, fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 to that Regulation or may fulfil the criteria in Subsection 2 of that Section.

Authorisations granted by the DepartmentI2222

1

An authorisation granted by the Department for the purposes of the EU Plant Health Regulation, the Official Controls Regulation or these Regulations must be in writing and may be granted—

a

subject to conditions;

b

for an indefinite period or a specified period.

2

The Department may modify, suspend or revoke an authorisation at any time by notice in writing.

PART 7Measures relating to certain solanaceous species

Specific measures relating to certain solanaceous speciesI2323

Schedule 2 contains specific measures relating to certain solanaceous species.

PART 8Notification requirements for the organisation of official controls

Notification requirements in relation to potatoesI2424

1

A professional operator who is bringing any of the following potatoes into Northern Ireland must at least two days before the expected date of their arrival in Northern Ireland, provide written notification to a plant health inspector of the matters referred to in paragraph (2)—

a

seed potatoes grown or suspected to have been grown in Great Britain, in another member State or in Switzerland; or

b

potatoes, other than seed potatoes, grown or suspected to have been grown in Poland, Portugal, Romania or Spain.

2

The matters are—

a

the expected time and date of their arrival;

b

their intended use;

c

their intended destination;

d

their variety and quantity; and

e

the identification number of the producer of the potatoes.

3

In paragraph (1)(b), “Spain” has the same meaning as in paragraph 6 of Schedule 1.

Notification requirements in relation to citrus fruitsI2525

1

A professional operator who is introducing notifiable citrus fruits into the Union territory through a border control post in another part of the Union territory must, before their arrival at that border control post, provide written notification to the Department at the specified address of the matters referred to in paragraph (2).

2

The matters are—

a

the expected date of their introduction into the European Union;

b

the name of the border control post;

c

their volume;

d

the identification numbers of their containers;

e

the names, addresses and the locations of the premises in Northern Ireland at which they are to be processed.

3

In paragraph (1)—

“notifiable citrus fruits” means fruits of Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus Swingle, Naringi Adans. or Swinglea Merr., originating in a third country, which are to be industrially processed into juice in Northern Ireland;
“specified address” means the address given by the Department from time to time for the purposes of this regulation.

Notification requirements in relation to other plants and plant productsI2626

1

A professional operator who is bringing any of the following plants or plant products into Northern Ireland must, before or no later than four days after the date of their arrival in Northern Ireland, provide written notification to a plant health inspector of the matters referred to in paragraph (2)—

a

plants of Castanea Mill., Fraxinus L., Oleaeuropaea L., Pinus L., Platanus L., Prunus L., Quercus L. or Ulmus L. intended for planting, which have been grown or are suspected of having been grown in another member State;

b

plants of Castanea Mill., Fraxinus L., Olea europaea L., Pinus L., Platanus L., Prunus L., Quercus L. or Ulmus L. intended for planting, which have been grown or are suspected of having been grown in Switzerland and to which Article 47(1) of the Official Controls Regulation does not apply; or

c

solid fuel wood from another member State, other than solid fuel wood originating in Ireland, or solid fuel wood from a third country to which Article 47(1) of the Official Controls Regulation does not apply.

2

The matters are—

a

the expected date of the arrival of the consignment or, if the consignment has arrived in Northern Ireland, the date on which it first arrived in Northern Ireland;

b

the intended destination of the consignment, or if the consignment has arrived at its intended destination in Northern Ireland, its current location;

c

the genus, species and quantity of the plants or wood in the consignment;

d

the country from which the plants or wood have been, or are to be consigned;

e

in the case of plants intended for planting, the identification number of the supplier of the plants;

f

in the case of solid fuel wood—

i

the address of the consignor; and

ii

details of any phytosanitary treatments applied to the wood.

3

In this regulation “solid fuel wood” means fuel wood in the form of logs, billets, twigs, faggots or other similar forms.

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

InterpretationI2727

1

In this Part—

“ISPM 15 mark” means the mark referred to in Article 96(1) of the EU Plant Health Regulation, which may be applied to wood packaging material to attest that it has been treated in accordance with Annex I to ISPM 15;
“premises” includes any place, including any land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure;
“wood packaging material” includes any wood or other object which is required to be treated and marked in accordance with Annex I to ISPM 15.

2

For the purposes of regulations 32 and 33, a person “incorrectly” applies the ISPM 15 mark to wood packaging material if the person applies the mark otherwise than in the manner specified in Article 96(1) of the EU Plant Health Regulation, as read with Article 97(1) of the EU Plant Health Regulation.

1

A lay magistrate may by signed warrant permit a plant health inspector to enter premises under regulation 16(1), 28(1) or 31(1), if necessary by reasonable force, if the lay magistrate, on sworn information in writing, is satisfied that—

a

there are reasonable grounds to enter those premises; and

b

any of the conditions in paragraph (2) are met.

2

The conditions are that—

a

entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier;

b

asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry;

c

entry is required urgently;

d

the premises are unoccupied or the occupier is temporarily absent.

3

A warrant is valid for one month.

4

A plant health inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

Information noticesI3030

1

A plant health inspector may by notice in writing require an appropriate person to give to the inspector, within the time specified in the notice, any information which the person may possess as to—

a

the plants grown or products stored at any time on the premises specified in the notice;

b

any plant pest or plant, plant product or other object referred to in paragraph (4)(b); or

c

the persons who have had, or are likely to have had, any plant pest or plant, plant product or other object referred to in paragraph (4)(b) in their possession or under their charge.

2

The time within which the information is required to be given to the plant health inspector must be reasonable.

3

An appropriate person must produce for examination by the plant health inspector any authorisation, official statement, certificate, plant passport, record, invoice or other document relating to a plant pest or any plant, plant product or other object specified in the notice.

4

In this regulation “appropriate person” means—

a

in relation to any premises to be specified in a notice under paragraph (1), a person who is the owner, occupier or other person in charge of the premises;

b

a person who has, has had, or is reasonably suspected by the plant health inspector to have, or have had, possession or charge of—

i

a controlled plant pest;

ii

any plant, plant product or other object which was carrying a controlled plant pest or which was infested by or infected with a controlled plant pest; or

iii

any plant, plant product or other object which the inspector knows or suspects to have been imported into or exported from Northern Ireland; or

c

a person who, as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of a controlled plant pest.

Failure to comply with a noticeI3131

1

If a person fails to comply with a notice served on that person under these Regulations, a plant health inspector may enter any affected premises at all reasonable times to take or cause to be taken any steps that the plant health inspector considers necessary to ensure compliance with the notice or to remedy the consequences of the failure to carry them out.

2

A plant health inspector acting under paragraph (1) must, if requested to do so, show evidence of the inspector’s authority to act.

3

Paragraph (1) does not apply to any premises which are used wholly or mainly as a private dwelling unless 24 hours’ notice has been given to the occupier.

4

A plant health inspector may—

a

be accompanied by—

i

a representative of the European Commission; or

ii

such other persons as the inspector considers necessary; and

b

bring onto the premises such equipment and vehicles as the inspector considers necessary.

5

A person accompanying a plant health inspector under paragraph (4)(a)(ii) may—

a

remain on the premises and from time to time re-enter the premises without a plant health inspector;

b

bring onto the premises any equipment or vehicles that the person considers necessary; and

c

carry out work on the premises in a manner directed by a plant health inspector.

Removal of ISPM 15 mark from wood packaging materialI3232

Where a plant health inspector knows, or has reasonable grounds for suspecting, that the ISPM 15 mark has been incorrectly applied to wood packaging material, the inspector may remove the mark or, by notice in writing, require another person to remove it.

Where the item is required to be returned to the appropriate person and reasonable efforts have been made, without success, to return the item to that person, the Department may dispose of the item in whatever way it thinks appropriate.

13

In this regulation—

“appropriate person” means—
1. a
  in the case of an item seized from a person, the person from whom the item was seized;
2. b
  in the case of an item seized from premises, the occupier or any other person in charge of the premises;
3. c
  in the case of an item seized from a person or premises which does not belong to a person falling within paragraph (a) or (b), the person to whom it belongs and who asserts their ownership over it.

2

Nothing in paragraph (1) affects any other power or requirement of the Department to disclose information.

3

In this regulation “UK authority” means—

a

in relation to Northern Ireland, the Department;

b

in relation to England, the Secretary of State or the Forestry Commissioners;

c

in relation to Scotland, the Scottish Ministers;

d

in relation to Wales, the Welsh Ministers.

AppealI3737

1

A person who is aggrieved by a decision taken by the Department in accordance with Articles 55, 66(3) and (6), 67, point (b) of 137(3), and 138(1) and (2) of the Official Controls Regulation may appeal by notice to a court of summary jurisdiction.

2

Part VII of the Magistrates’ Courts (Northern Ireland) Order 1981 applies to the proceedings34.

3

The period within which an appeal under paragraph (1) may be brought is one month from the date on which notice of the decision is given by the Department.

4

The court may confirm, quash or vary the decision of the Department.

PART 10General and supplemental provisions relating to notices

Miscellaneous provisions as to noticesI3838

1

This regulation applies to any notice given by a plant health inspector under these Regulations, other than a notice given under regulation 33(4).

2

The notice may—

a

specify—

i

one or more requirements or alternative requirements;

ii

the manner in which and the period within which any requirement or condition specified in the notice must be carried out or fulfilled; or

b

require the owner or any other person who appears to be in charge of the premises to which the notice relates to—

i

notify the Department of any change in occupation of the premises, the date of the change and the name of the new occupier; and

ii

inform the new occupier of the premises of the contents of the notice.

3

Any destruction, disposal, re-export or treatment of a plant, plant product or other object or a plant pest which is required to be carried out under the notice must be carried out, or arranged to be carried out, to the satisfaction of a plant health inspector by the person on whom the notice has been served from or at the place specified in the notice.

4

A plant health inspector may amend or withdraw the notice by a further notice.

5

The notice may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.

in the case of a partnership (other than a limited liability partnership, but including a Scottish partnership), be served on a partner or a person having the control or management of the partnership business at the address of the principal office of the partnership; or

c

in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of the partnership.

5

For the purposes of paragraph (4), the principal office of a company registered outside the United Kingdom or a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

6

In this regulation—

“notice” means a notice to be given by a plant health inspector under these Regulations;
“contact address”, in relation to a registered operator, means—
1. a
  the address of the operator’s principal address in the register; or
2. b
  any other postal address in Northern Ireland that the operator has given to the Department as a contact address for the service of notices.

b

knowingly or recklessly furnishes a document or information which is false in a material particular,

c

intentionally fails to disclose any material information.

Improper use of plant passportsF1, Northern Ireland plant health labels or certificatesI4444

1

A person commits an offence if the person—

a

dishonestly issues a plant passportF2, Northern Ireland plant health label or a certificate,

b

dishonestly alters a plant passportF3, Northern Ireland plant health label or a certificate,

c

dishonestly re-uses a plant passportF4, Northern Ireland plant health label or a certificate.

2

In paragraph (1), “certificate” means a phytosanitary certificate for export, a phytosanitary certificate for re-export or a pre-export certificate.

F53

In paragraph (1) “Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023.

a director, manager, secretary or other similar officer of the body; or

b

a person purporting to act in any such capacity.

3

If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of a body corporate.

Offences by partnerships and unincorporated associationsI4949

1

Proceedings for an offence under this Part alleged to have been committed by a partnership or an unincorporated association must be brought against the partnership or association in the name of the partnership or association.

2

For the purposes of such proceedings—

a

rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate; and

b

section 18 of the Criminal Justice Act (Northern Ireland) 1945 (procedure on charge of offence against corporation)35 and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (corporations)36 apply in relation to the partnership or association as they apply in relation to a body corporate.

3

A fine imposed on a partnership or unincorporated association on its conviction of an offence under this Part is to be paid out of the funds of the partnership or association.

4

If an offence under this Part committed by a partnership is proved—

a

to have been committed with the consent or connivance of a partner, or

b

to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

5

b

on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both.

PART 12Minor and consequential amendments

Amendment of the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995I5151

1

The Marketing of Vegetable Plant Material Regulations (Northern Ireland) 199537 are amended as follows.

2

In regulation 2(2), after the definition of “Directive 2008/72/EC”, insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;38

Amendment of the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999I5252

1

The Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 199939 are amended as follows.

2

In regulation 2(1) omit the definition of “the Plant Health Official Controls Regulations”.

3

In regulation 6A(4), in the definition of “responsible official body”, for the words from “an appropriate authority” to the end substitute “, in relation to Northern Ireland, the Department”.

4

In regulation 7(5)—

a

for “regulation 5 of the Plant Health Official Controls Regulations” substitute “the EU Plant Health Regulation”;

b

at the end, omit the word “above”.

5

In regulation 8(3), for the words from “a controlled plant pest” to “Controls Regulations” substitute “a plant pest of a description specified in Annex 2, 3 or 4 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants”.

6

In regulation 12(3), for the words from “if he delivers” to the end substitute “, in relation to Northern Ireland, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Department”.

Amendment of the Seed Potatoes Regulations (Northern Ireland) 2016I5353

1

The Seed Potatoes Regulations (Northern Ireland) 201640 are amended as follows.

2

In regulation 2(2),in the definition of “the Plant Health Official Controls Regulations”, for “2019” substitute “2020”.

3

In Schedule 1—

a

in paragraph 3(d)—

i

in sub-paragraph (i), for “Parts 3 to 5 of Schedule 2 to” substitute “regulation 15(2) of”;

ii

in sub-paragraph (ii), for “Part 6 of Schedule 2 to” substitute “regulation 17(2) of”.

4

In Schedule 5—

a

in paragraph 3(b)—

i

in sub-paragraph (i), for “Parts 3 to 5 of Schedule 2” substitute “regulation 15(2)”;

ii

in sub-paragraph (ii), for “Part 6 of Schedule 2” substitute “regulation 17(2)”;

b

in paragraph 3(c)(ii), for “Schedule 15 to the Plant Health Order” substitute “Part 4 to Schedule 2 to the Plant Health Official Controls Regulations”.

Amendment of the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017I5454

1

The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 201741 are amended as follows.

2

In regulation 2(1), omit the definition of “the Plant Health Official Controls Regulations”.

3

In regulation 3(1), after the definition of “the Directive” insert—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014, and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

4

In regulation 11(7), for the words from “under regulation 4” to “Controls Regulations” substitute “for the purposes of the EU Plant Health Regulation”.

5

In regulation 15(1)(g), for sub-paragraph (iii) substitute—

a plant pest of a description specified in Annex 2 or 3 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants;

PART 13Revocation, transitional and saving provisions

Revocation, transitional and saving provisionsI5555

1

The following regulations are revoked—

a

the Potatoes Originating in Egypt Regulations (Northern Ireland) 200442;

b

the Potatoes Originating in Egypt (Amendment) Regulations (Northern Ireland) 201243;

c

regulations 6 and 7 of the Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 201944;

d

the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (“the 2019 Regulations”) but not—

i

regulation 49 and Schedule 5, except paragraphs 1(2), 2(7), 5(2) and (6);

ii

regulation 50 and Schedule 6.

2

Notwithstanding their revocation by paragraph (1)(d), regulations 51, 52 and 53 of the 2019 Regulations (and regulation 2 in so far as it relates to those regulations) continue to have effect subject to the following modifications—

a

regulation 51(3) has effect as if the reference to the 2019 Regulations were a reference to these Regulations;

b

regulation 52(1) has effect as if the reference to regulation 21(2) of the 2019 Regulations were a reference to regulation 21(1) of these Regulations;

c

regulation 53(1)(a) has effect as if the reference to the 2019 Regulations were a reference to these Regulations.

3

An authorisation granted by the Department under regulation 20(2) of the 2019 Regulations which is in force immediately before the day these Regulations come into operation, remains in force and continues to have effect on and after that day, as an authorisation granted under regulation 21(1) of these Regulations.

4

Any notice given under the 2019 Regulations which is in force immediately before the day these Regulations come into operation, remains in force and continues to have effect on and after that day, as a notice given under these Regulations.

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 30th November 2020.

John Joe O’BoyleA senior officer of theDepartment of Agriculture, Environment and Rural Affairs

SCHEDULE 1Temporary national measures

Regulation 18

InterpretationI561

In this Schedule—

“controlled material” means any plant, plant product or other object of a description specified in paragraph 2(1), 3(1) or 4(1);
“in transit”, in relation to a Schedule 1 consignment or controlled material, means a Schedule 1 consignment or controlled material which—
1. a
  is being moved through Northern Ireland under customs supervision on its journey from one third country to another third country; or
2. b
  is being moved through Northern Ireland on its journey from one part of the Union territory to another part of the Union territory, and has passed or is passing through the territory of a third country during that journey;
“introduce” means introduce into Northern Ireland from a third country or another part of the Union territory, and “introduction” is to be construed accordingly;
“IPPC” means the International Plant Protection Convention 195145;
“ISPM 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations46
“phytosanitary certificate” means—
1. a
  in the case of any plant, plant product or other object that must be accompanied by a phytosanitary certificate pursuant to Article 72, 73 or 74 of the EU Plant Health Regulation and paragraph 3(1) or 4(1), a phytosanitary certificate which complies with the requirements in Article 71(1) and (2) of the EU Plant Health Regulation as modified by paragraph 4(3);
2. b
  in the case of any other plant, plant product or other object that must be accompanied by a phytosanitary certificate pursuant to paragraph 4(2), a phytosanitary certificate for export in the form set out in Part A of Annex 5 to the EU Plant Health Regulation, or a phytosanitary certificate for re-export in the form set out in Part B of Annex 5 to that Regulation, which—
  1. i
    complies with the requirements specified in Article 76(2) of the EU Plant Health Regulation; and
  2. ii
    has been issued by the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article 5(2) of the IPPC;
“Schedule 1 consignment” means a consignment which contains controlled material, including any controlled material for non-commercial use;
“transhipment”, in relation to a Schedule 1 consignment or controlled material, means its arrival in Northern Ireland by sea or air from a third country, and its movement under customs supervision from the vessel or aircraft of arrival to another vessel or aircraft in the same port or airport in preparation for onward travel, and “transhipped” is to be construed accordingly;
“transit declaration”, in relation to any controlled material, means a signed declaration of the professional operator who is in control of the controlled material stating that the controlled material is in transit or for transhipment.

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

Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.I572

1

No person may introduce any used machinery or vehicles which have been operated for agricultural or forestry purposes and exported from Switzerland unless the machinery or vehicles—

a

a

the matters set out in the corresponding entry in column (4) of that Table; and

b

in the case of any plants, plant products or other objects which are not subject to Article 72, 73 or 74 of the EU Plant Health Regulation, that the plants, plant products or other objects are free from Union Quarantine pests47 and pests subject to any measures adopted pursuant to Article 30(1) of that Regulation.

3

None of the requirements specified in points 36 and 87 to 89 of Annex 7 to the Phytosanitary Conditions Regulation are to be treated for the purposes of Articles 41(1) and 71(1)(c) of the EU Plant Health Regulation as applying to the introduction of any plants, plant products or other objects described in columns (2) and (3) of Table 2 where they originate in Canada, China, the Democratic People’s Republic of Korea, Japan, Mongolia, the Republic of Korea, Russia, Taiwan or the USA.

4

Sub-paragraph (2) is subject to paragraph 5(1).

Table 1

(1) Item No.	(2) Description of plants, plant products or other objects	(3) CN code	(4) Details of official statement
1.	Plants, other than fruit or seeds, of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA	ex 0602 10 90 ex 0602 20 20 ex 0602 20 80 ex 0602 90 41 ex 0602 90 45 ex 0602 90 46 ex 0602 90 48 ex 0602 90 50 ex 0602 90 70 ex 0602 90 99 ex 0604 20 90 ex 1404 90 00	The official statement must confirm that the plants originate in an area (¹) established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire. 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.
2.	Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., other than in the form of: -chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or in part from these trees or -wood packaging material(²), except dunnage which is supporting the wood in the consignment and which is constructed from wood of the same type and quality as that wood and meets the requirements in column (4), but including wood which has not kept its natural round surface, furniture or other objects made of untreated wood, originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA	ex 4401 12 00 ex 4403 12 00 ex 4403 99 00 ex 4404 20 00 ex 4406 12 00 ex 4406 92 00 4407 95 10 4407 95 91 4407 95 99 ex 4407 99 27 ex 4407 99 40 ex 4407 99 90 ex 4408 90 15 ex 4408 90 35 ex 4408 90 85 ex 4408 90 95 ex 4416 00 00 ex 9406 10 00	The official statement must confirm: (a) that the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood; or (b) that the wood originates in an area (¹) established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire. A phytosanitary certificate may not include the official statement referred to in paragraph (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.
3.	Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA	ex 4401 22 00 ex 4401 40 10 ex 4401 40 90	The official statement must confirm that the wood originates in an area (¹) established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire. 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.
4.	Isolated bark or objects made out of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA	ex 1404 90 00 ex 4401 40 90	The official statement must confirm that the bark originates in an area (¹) established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire. 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.

(1)

Item No.

(2)

Description of plants, plant products or other objects

(3)

CN code

(4)

Details of official statement

Plants, other than fruit or seeds, of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA

ex 0602 10 90

ex 0602 20 20

ex 0602 20 80

ex 0602 90 41

ex 0602 90 45

ex 0602 90 46

ex 0602 90 48

ex 0602 90 50

ex 0602 90 70

ex 0602 90 99

ex 0604 20 90

ex 1404 90 00

The official statement must confirm that the plants originate in an area (¹) established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire.

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.

Wood of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., other than in the form of:

-chips, particles, sawdust, shavings, wood waste or scrap, obtained in whole or in part from these trees or

-wood packaging material(²), except dunnage which is supporting the wood in the consignment and which is constructed from wood of the same type and quality as that wood and meets the requirements in column (4), but including wood which has not kept its natural round surface, furniture or other objects made of untreated wood, originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA

ex 4401 12 00

ex 4403 12 00

ex 4403 99 00

ex 4404 20 00

ex 4406 12 00

ex 4406 92 00

4407 95 10

4407 95 91

4407 95 99 ex

4407 99 27 ex

4407 99 40 ex

4407 99 90 ex

4408 90 15 ex

4408 90 35 ex

4408 90 85 ex

4408 90 95 ex

4416 00 00 ex

9406 10 00

The official statement must confirm:

(a) that the wood has undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood; or

(b) that the wood originates in an area (¹) established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire.

A phytosanitary certificate may not include the official statement referred to in paragraph (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.

Wood in the form of chips, particles, sawdust, shavings, wood waste or scrap obtained in whole or in part from Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA

ex 4401 22 00

ex 4401 40 10

ex 4401 40 90

The official statement must confirm that the wood originates in an area (¹) established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire.

Isolated bark or objects made out of bark of Fraxinus L., Juglans ailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. or Pterocarya rhoifolia Siebold & Zucc., originating in Belarus, Canada, China, the Democratic People’s Republic of Korea, Japan, Kazakhstan, Mongolia, the Republic of Korea, Russia, Taiwan, Ukraine or the USA

ex 1404 90 00

ex 4401 40 90

The official statement must confirm that the bark originates in an area (¹) established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Agrilus planipennis Fairmaire and that no part of the area lies within 100km of a known outbreak of Agrilus planipennis Fairmaire.

(¹) The name of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
(²) “wood packaging material” means wood in the form of packing cases, boxes, crates, drums or similar packings, pallets, box pallets or other load boards, pallet collars or dunnage, whether or not actually in use in the transport of objects of any kind.

Exception for controlled material in transitI605

1

Paragraphs 2(1), 3(1) and 4(2) do not apply to the introduction of any controlled material from a third country if the controlled material is in transit when it arrives in Northern Ireland, or is to be transhipped on its arrival in Northern Ireland, and the conditions in sub-paragraph (2) are met.

2

The conditions are that the controlled material is—

a

accompanied by a transit declaration; and

b

packed and introduced in such a way that there is no risk of any Union quarantine pests, protected zone quarantine pests48 or pests subject to the measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation being spread on its introduction.

3

No person may move any controlled material in transit through Northern Ireland unless it is—

a

accompanied by a transit declaration; and

b

packed and transported in such a way that there is no risk of any Union quarantine pests, protected zone quarantine pests or pests subject to the measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation being spread on its movement through Northern Ireland.

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

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

I616

In this Part—

“move” means move within Northern Ireland;
“official statement” means a statement issued by, or under the supervision of, an unauthorised representative of the competent authority in the member State of origin;
“Spain” means that part of Spain which is included within the Union territory for the purposes of the EU Plant Health Regulation, other than the Balearic Islands.

I627

No person may introduce or move any plants, plant products or other objects described in column 2 of Table 2 unless that person is a registered operator and the plants, plant products or other objects are accompanied by an official statement confirming the matters set out in the corresponding entry in column 3 of that Table.

Table 2

(1)	(2) Description of plants, plant products or other objects	(3) Details of official statement
1.	Tubers of Solanum tuberosum L., including those intended for planting which originate in Spain except where those tubers originate in an area which has been established in accordance with Article 5 of Decision 2012/270/EU	The official statement must confirm that the tubers have been washed so that there is no more than 0.1% of soil remaining.
2.	Tubers of Solanumtuberosum L., originating in Poland	The official statement must confirm that the tubers have been found free from Clavibacter michiganensis ssp. Sepedonicus (Spieckermann and Kotthoff) David et al. in laboratory tests.
3.	Plants intended for planting, other than seeds, of Ulmus L., originating in any part of the Union territory, other than the United Kingdom	The official statement must confirm that no symptoms of Candidatus Phytoplasma ulmi have been observed at the place of production of the plants or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation.

(1)

(2)

Description of plants, plant products or other objects

(3)

Details of official statement

Tubers of Solanum tuberosum L., including those intended for planting which originate in Spain except where those tubers originate in an area which has been established in accordance with Article 5 of Decision 2012/270/EU

The official statement must confirm that the tubers have been washed so that there is no more than 0.1% of soil remaining.

Tubers of Solanumtuberosum L., originating in Poland

The official statement must confirm that the tubers have been found free from Clavibacter michiganensis ssp. Sepedonicus (Spieckermann and Kotthoff) David et al. in laboratory tests.

Plants intended for planting, other than seeds, of Ulmus L., originating in any part of the Union territory, other than the United Kingdom

The official statement must confirm that no symptoms of Candidatus Phytoplasma ulmi have been observed at the place of production of the plants or in the immediate vicinity of the place of production since the beginning of the last complete cycle of vegetation.

PART 3Official controls on consignments from third countries

I638

1

In this Part—

“border control post” means a border control post in Northern Ireland which has been designated pursuant to Article 59(1) of the Official Controls Regulation for the purposes of the rules referred to in Article 1(2)(g) of that Regulation;
“documentary check”, in relation to a Schedule 1 consignment, means an examination of the phytosanitary certificate or transit declaration which is required to accompany the consignment on its introduction from a third country pursuant to Part 1;
“domestic import rule” means any prohibition, restriction or requirement in respect of the introduction of controlled material which applies by virtue of Part 1;
“identity check”, in relation to a Schedule 1 consignment, means a visual inspection of the controlled material in the consignment to verify that its contents correspond to the information provided in the phytosanitary certificate or transit declaration accompanying the consignment;
“official controls” means activities performed by a plant health inspector pursuant to this Part to verify that the controlled material in a Schedule 1 consignment complies with the domestic import rules relating to the material and that the operator of the consignment complies with this Part;
“operator”, in relation to a consignment, means the importer of the consignment, or the person acting on behalf of the importer, who is in charge of the consignment when presented at the border control post of first arrival in Northern Ireland and makes the necessary declarations to the Department;
“physical check”, in relation to the controlled material in a Schedule 1 consignment, means any check on that material, the packaging of the consignment or its means of transport which, in the opinion of a plant health inspector, is necessary to verify that the controlled material complies with the domestic import rules relating to that material;
“plant health entry document” has the meaning given in paragraph 10(1);
“responsible operator”, in relation to a consignment, means the operator who is responsible for that consignment.

2

Where any controlled material is required to be accompanied by a phytosanitary certificate pursuant to Part 1, any reference in this Part to the controlled material complying with the domestic import rules relating to that material is to be construed as including its compliance with the matters certified in the official statement that has been included in the phytosanitary certificate in respect of the controlled material.

Application of this PartI649

1

This Part applies to a Schedule 1 consignment which is to be, or is, brought into the Union territory from a third country where its point of first arrival into the Union territory is in Northern Ireland.

2

But it does not apply to—

a

any Schedule 1 consignment which forms part of the personal luggage of a passenger where the controlled material in the consignment is intended for personal consumption or use and does not include any plants for planting; or

b

any small Schedule 1 consignment addressed to a natural person which is not intended to be placed on the market and does not include any plants for planting.

3

Where a Schedule 1 consignment contains any plant, plant product or other object which is not controlled material, and Article 47(1) of the Official Controls Regulation applies in relation to that plant, plant product or other object, this Part applies only for the purposes of the performance of official controls on the controlled material in the consignment.

Notification and presentation of Schedule 1 consignmentsI6510

1

A “plant health entry document” is an entry document, in the form required by the Department, to be used—

a

for the prior notification of the arrival of a Schedule 1 consignment at a border control post in Northern Ireland; and

b

for the purposes of recording the outcome of official controls on the consignment and any decisions taken by a plant health inspector in relation to the consignment under this Part.

2

The operator responsible for a Schedule 1 consignment must complete the relevant part of a plant health entry document and submit the completed part to the Department—

a

in the case of a consignment which is to be brought in by air, at least four working hours before its expected arrival in Northern Ireland;

b

in the case of a consignment which consists in whole or in part of unprocessed logs or sawn or chipped wood and is to be brought into a point of entry which only has a temporary border control post, at least three working days before its expected arrival in Northern Ireland;

c

in the case of any other consignment, at least one working day before its expected arrival in Northern Ireland.

3

In the case of a Schedule 1 consignment which is intended to be transhipped, the Department may by notice in writing require the responsible operator to provide it, by the time or date specified in the notice, with the information set out in the notice in relation to the proposed transhipment.

4

The operator responsible for a Schedule 1 consignment must arrange for the consignment, together with the phytosanitary certificate or transit declaration accompanying the consignment, to be presented to the Department at the border control post of first arrival.

5

In sub-paragraph (2)—

“temporary border control post” means a border control post which has been exempted from the obligations in Article 64(3)(a), (c) and (f) of the Official Controls Regulation pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts49;
“working day” and “working hour” have the same meaning as in regulation 7(4).

Consignments not correctly presented for official controlsI6611

Where a plant health inspector suspects or is aware that a consignment which has arrived at a border control post in Northern Ireland is a Schedule 1 consignment and the operator responsible for that consignment has not presented the consignment to the Department in accordance with paragraph 10(4), the plant health inspector must serve a notice on the operator recalling the consignment and placing the consignment under official detention.

placing the consignment under official detention; and

b

prohibiting the entry of the consignment into Northern Ireland,

pending the outcome of any additional official controls on the consignment which the inspector considers are necessary to confirm or to eliminate that suspicion.

8

In sub-paragraph (4), “transhipment period” means—

a

in relation to an airport, three days or more;

b

in relation to a port, 30 days or more.

Completion of official controlsI6813

Following the completion of official controls on a Schedule 1 consignment, a plant health inspector must—

a

decide whether the controlled material in the consignment complies with the domestic import rules relating to that material and, where relevant, indicate the applicable customs procedure for the consignment;

b

finalise the plant health entry document for that consignment; and

c

where the finalised plant health entry document authorises the placing and handling of the consignment under a relevant customs procedure and the consignment was accompanied by a phytosanitary certificate, provide the responsible operator with an authenticated copy of the phytosanitary certificate or, if the consignment is to be split, with authenticated copies of the phytosanitary certificate for each part of the split consignment.

Removal of Schedule 1 consignments from border control posts of arrivalI6914

1

No person may remove a Schedule 1 consignment from its border control post of arrival or split the consignment unless—

a

the finalised plant health entry document for that consignment authorises the placing and handling of the consignment under a relevant customs procedure and, following the presentation of the finalised plant health entry document to HMRC, HMRC has authorised the placing of the consignment under a customs procedure; or

b

a plant health inspector has served a notice on the person pursuant to paragraph 19 or 20 authorising its removal from that border control post.

2

HMRC may not authorise the placing of any Schedule 1 consignment under a customs procedure which is different from the one indicated by the Department in the finalised plant health entry document for that consignment.

3

Where a customs declaration is made for a Schedule 1 consignment and the finalised plant health entry document for that consignment is not presented to HMRC, HMRC must detain the Schedule 1 consignment and immediately notify the Department.

4

Where a Schedule 1 consignment is permitted to leave its border control post pursuant to sub-paragraph (1), a plant health inspector may by notice in writing specify which documents (if any) must accompany the consignment to its place of destination.

5

In this paragraph, “HMRC” means Her Majesty’s Revenue and Customs.

Measures to be taken on non-compliant Schedule 1 consignmentsI7015

1

Where a plant health inspector is of the opinion that a Schedule 1 consignment has been brought into Northern Ireland in contravention of a domestic import rule or that it does not otherwise comply with a domestic import rule relating to the controlled material in the consignment, the plant health inspector must—

a

place the consignment under official detention and refuse its entry into Northern Ireland;

b

where it is not necessary to take action immediately to respond to the risk to plant health posed by the consignment, consult the responsible operator in relation to the measures to be taken to deal with the non-compliance;

c

without delay, serve a notice on the responsible operator ordering the operator to—

i

destroy the consignment or, where appropriate, particular lots in the consignment;

ii

re-dispatch the consignment to a third country; or

iii

treat the controlled material in the consignment in a manner that ensures that the risk to plant health arising from the controlled material is eliminated and that it otherwise complies with the domestic import rules relating to the controlled material; or

iv

take any other measures which are necessary to ensure that the domestic import rules relating to the controlled material in the consignment are met; and

d

invalidate the phytosanitary certificate or transit declaration accompanying the consignment (as the case may be).

2

A plant health inspector may only serve a notice pursuant to sub-paragraph (1)(c) ordering the operator responsible for the consignment to re-dispatch the consignment to a third country if the proposed destination has been agreed with the operator.

3

The operator responsible for a Schedule 1 consignment which is detained pursuant to this paragraph must store the consignment and take the measures specified in the notice served pursuant to sub-paragraph (1)(c) at the operator’s own expense.

Measures to be taken on Schedule 1 consignmentsI7116

1

This paragraph applies where—

a

the official controls carried out by a plant health inspector pursuant to this Part indicate that the controlled material in a Schedule 1 consignment complies with the domestic import rules relating to that material;

b

although the controlled material in the consignment complies, or appears to comply, with those domestic import rules, the inspector is of the opinion that the consignment poses a risk to plant health in Northern Ireland or to any other part of the Union territory; and

c

Article 67 of the Official Controls Regulation does not apply to the consignment.

2

The plant health inspector must—

a

place the consignment under official detention and ensure that the consignment is isolated or quarantined;

b

without delay serve a notice on the responsible operator ordering the operator to—

i

destroy the consignment; or

ii

c

invalidate the phytosanitary certificate or transit declaration accompanying the consignment (as the case may be).

Regulation 23

PART 1General interpretation

I741

In this Schedule—

“Directive 93/85/EEC” means Council Directive 93/85/EEC on the control of potato ring rot;
“Directive 98/57/EC” means Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et. al;
“Directive 2007/33/EC” means Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC;
“official”, in relation to any testing or other activity described in this Schedule, means carried out by or performed by the Department, and “officially” is to be construed accordingly;
“premises” includes any place or land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure;
“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.;
“Potato brown rot” means either the disease of potatoes caused by Ralstonia solanacearum (Smith) Yabuuchi et al. or that bacterium, as the context requires;
“Potato ring rot” means either the disease of potatoes which is caused by Clavibacter michiganensis (Smith) Davis et al. spp Sependonicus (Spieckermann and Kotthof) Davis et al. or that bacterium, as the context requires;
“Seed Potatoes Regulations” means the Seed Potatoes Regulations (Northern Ireland) 201650.

b

the invoices and delivery notes for the potatoes;

c

in the case of potatoes marketed or marketable under the Seed Potatoes Regulations or potatoes which are their direct progeny and have been produced by the certificate holder, the certificate of classification.

F75

For the purposes of sub-paragraph (2A), “Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023

PART 3Measures for the control of Potato wart disease

InterpretationI763

In this Part—

a

“Potato wart disease” means either the disease of potatoes which is caused by the fungus Synchytrium endobioticum (Schilbersky) Percival or that fungus, as the context requires;

b

a plot of land is to be regarded as a contaminated plot if Potato wart disease is confirmed by an official test to be present on at least one plant that is growing or was grown on that plot.

Official measures relating to contaminated plots of landI774

1

A plant health inspector must demarcate any contaminated plot and a safety zone around that plot which is large enough to ensure the protection of the surrounding areas.

2

A plant health inspector must serve a notice under regulation 15(1) requiring any potato tubers or haulms which are present on the contaminated plot, or which come from the contaminated plot, to be treated in such a way that the Potato wart disease present on them is destroyed.

3

Where a plant health inspector is satisfied that any potato tubers or haulms are contaminated with Potato wart disease and the inspector cannot determine whether those tubers or haulms have been present on a contaminated plot, the inspector may serve a notice under regulation 15(1) which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of Potato wart disease spreading.

Prohibition on the planting of potatoes on contaminated plotsI785

1

Where a contaminated plot is demarcated under paragraph 4(1), no person may—

a

grow any potatoes on the plot; or

b

grow or store on the plot any plants intended for transplanting.

2

No person may grow potatoes in a safety zone demarcated under paragraph 4(1) unless a plant health inspector is satisfied that they are of a variety which is resistant to the races of Potato wart disease found on the contaminated plot to which the safety zone relates.

3

A potato variety is to be considered resistant to a particular race of Potato wart disease for the purposes of sub-paragraph (2) where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.

Revocation of the demarcation of a contaminated plotI796

Where a plant health inspector is satisfied that Potato wart disease is no longer present on a plot which was demarcated under paragraph 4(1) or on its associated safety zone, the inspector must revoke that demarcation.

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

InterpretationI807

In this Part—

“field” means an area which has been demarcated as a field for the purposes of Article 3 of Directive 2007/33/EC;
“host plants” means plants with roots of Capsicum spp. Solanum lycopersicum L. or Solanum melonga L.;
“infested field” means a field which is recorded as infested pursuant to paragraph 9(1);
“notice” means a notice under regulation 15(1);
“Potato cyst nematode” means any cyst-forming nematode of the species Globodera pallida (Stone) Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes, including any strain or pathotype of any such nematode;
“susceptible bulbs” means bulbs, tubers or rhizomes, grown in soil and intended for planting, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. Ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. or Tulipa L., other than those for which there is evidence by their packaging or by other means that they are intended for sale to final consumers not involved in professional plant or cut flower production;
“susceptible material” means host plants, susceptible bulbs or susceptible plants;
“susceptible plants” means plants with roots of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L.

Official investigations and surveysI818

The Department must ensure that—

a

official investigations are carried out in accordance with Articles 4 and 5 of Directive 2007/33/EC for the presence of Potato cyst nematodes in fields in which seed potatoes or susceptible material intended for the production of plants for planting are to be planted or stored;

b

official surveys are carried out in accordance with Article 6 of Directive 2007/33/EC for the presence of Potato cyst nematodes in fields used for the production of potatoes, other than those intended for the production of seed potatoes.

Official records of investigations and surveysI829

1

The Department must ensure that the results of each official investigation or official survey carried out pursuant to paragraph 8 are recorded to indicate whether Potato cyst nematodes were found in the fields during the investigation or survey.

2

Where the officially approved measures set out in Section 3(C) of Annex 3 to Directive 2007/33/EC have been taken in a field which has been recorded as infested pursuant to sub-paragraph (1) and, following the completion of those measures, it is officially confirmed that Potato cyst nematodes are no longer present in the field, the Department must ensure that the record is updated accordingly.

Notices in relation to infested fields and contaminated susceptible materialI8310

1

A plant health inspector must serve a notice in writing on the occupier or other person in charge of an infested field which specifies the boundaries of the field.

2

The notice may not be withdrawn until it is confirmed, in accordance with paragraph 9(2) that Potato cyst nematode is no longer present in the field.

3

A plant health inspector must by notice designate as contaminated any susceptible material which comes from a field that has been officially recorded as infested under paragraph 9(1) or any susceptible material which has been in contact with soil in which Potato cyst nematodes have been found.

Prohibition on the planting of potatoes in infested fieldsI8411

1

Unless authorised to do so by an inspector, no person may—

a

plant any potatoes in an infested field; or

b

Controls on contaminated bulbs etc.I8714

No person may plant any susceptible bulbs or susceptible plants which have been designated as contaminated pursuant to paragraph 10(3), unless they have been subject to the measures set out in Section 3(A) of Annex 3 to Directive 2007/33/EC and an inspector has confirmed by notice that they are no longer contaminated.

Further investigations for the presence of Potato cyst nematodesI8815

If any suspected occurrence or confirmed presence of Potato cyst nematodes in Northern Ireland results from a breakdown or change in the effectiveness of a resistant potato variety which relates to an exceptional change in the composition of nematode species, pathotype or virulence group, the Department must ensure that the species of Potato cyst nematode and, where applicable, the pathotype and virulence group involved, is investigated and confirmed by appropriate methods.

PART 5Measures for the control of Potato ring rot

InterpretationI8916

1

In this Part—

“certified seed potatoes” means pre-basic seed potatoes or basic seed potatoes within the meaning given in regulation 2(1) of the Seed Potatoes Regulations;
“contaminated” means designated by a plant health inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC;
“first growing year”, in the case of measures to be taken in relation to a contaminated place of production, means the first growing year following the growing year in which the place of production is designated as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC;
“notice” in relation to a notice to be given by a plant health inspector, means a notice under regulation 15(1);
“object” means any item of machinery, vehicle, vessel, store or other object, including packaging material;
“possibly contaminated” means determined by a plant health inspector as possibly contaminated for the purposes of Article 5(1)(b) of Directive 93/85/EEC;
“susceptible material” means tubers or plants of Solanum tuberosum L.;
“zone” means any area, including any individual premises.

Official surveys and testingI9017

1

The Department must ensure that systematic official surveys for Potato ring rot are carried out in Northern Ireland on tubers of Solanum tuberosum L. and, where appropriate, on plants of Solanum tuberosum L., in accordance with Article 2(1) of Directive 93/85/EEC.

2

Where the presence of Potato ring rot in susceptible material is suspected, the Department must ensure that—

a

official testing is carried out using the method set out in Annex 1 to Directive 93/85/EEC and in accordance with the conditions specified in point 1 of Annex 2 to Directive 93/85/EEC to confirm whether or not it is present;

b

the following are retained and appropriately conserved pending completion of the official testing—

i

all tubers sampled, and wherever possible, all plants sampled;

ii

any remaining extract and additional preparation material for the screening tests;

iii

all relevant documentation; and

c

pending the confirmation of its presence or the refutation of its suspected presence, where suspect diagnostic visual symptoms of Potato ring rot have been seen or symptoms of Potato ring rot have been identified by a positive immunofluorescence test or other appropriate positive test—

i

the movement of all lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato ring rot spreading;

ii

steps are taken to trace the origin of the suspected occurrence; and

iii

additional appropriate precautionary measures based on the level of estimated risk are taken to prevent any spread of the plant pest.

3

A notice may contain measures for the purposes of sub-paragraph (2)(c)(i) to (iii).

Measures to be taken following the confirmation of the presence of Potato ring rotI9118

1

If the presence of Potato ring rot is confirmed in a sample of susceptible material following official testing carried out pursuant to paragraph 17(2)(a) or sub-paragraph (2), the Department must ensure that—

a

the susceptible material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the susceptible material was harvested are designated as contaminated by a plant health inspector;

b

a plant health inspector determines the extent of the probable contamination through pre- or post-harvest contact or through any production link with anything designated as contaminated under paragraph (a), taking into account the matters set out in point 1 of Annex 3 to Directive 93/85/EEC;

c

a zone is demarcated by a plant health inspector on the basis of the designation made under paragraph (a), taking into account the matters set out in point 2 of Annex 3 to Directive 93/85/EEC.

2

Where susceptible material has been designated as contaminated under sub-paragraph (1)(a), the Department must ensure that testing is carried out on potato stocks which are clonally related to that susceptible material in the manner specified in paragraph 17(2)(a) in order to determine the probable primary source of infection and the extent of the probable contamination.

3

Any such testing must be carried out on as much susceptible material as is necessary to determine the probable primary source of infection and the extent of the probable contamination.

4

Any designation by a plant health inspector under this paragraph must be made by notice.

5

Where any susceptible material or object is determined by a plant health inspector under sub-paragraph (1)(b) to be possibly contaminated, the inspector must by notice designate that material or object as possibly contaminated.

Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rotI9219

1

No person may knowingly plant or knowingly cause or permit to be planted—

a

any contaminated susceptible material; or

b

any possibly contaminated susceptible material.

2

Where susceptible material or an object has been designated as contaminated or possibly contaminated under paragraph 18(1) or (5), a plant health inspector must serve a notice requiring that—

a

in the case of contaminated susceptible material, the material be disposed of by destruction or by any other measure that complies with point 1 of Annex 4 to Directive 93/85/EEC;

b

in the case of possibly contaminated susceptible material, the material be used or disposed of in accordance with point 2 of Annex 4 to Directive 93/85/EEC;

c

in the case of a contaminated object or a possibly contaminated object, the object be—

i

disposed of by destruction; or

ii

cleansed and disinfected so that there is no identifiable risk of Potato ring rot surviving or spreading.

3

Anything cleansed and disinfected in accordance with sub-paragraph (2)(c)(ii) may no longer be treated as contaminated for the purposes of Directive 93/85/EEC.

1

This paragraph applies to the planting of any potato tubers, plants or true seeds in a contaminated unit of protected crop production where it is possible to replace all of the growing medium in the unit.

2

No person may plant any potato tubers, plants or true seeds in the unit without the written authorisation of a plant health inspector.

3

A plant health inspector may not grant an authorisation under sub-paragraph (2) unless—

a

all of the measures to eliminate Potato ring rot and to remove all host plants which are specified in a notice in relation to the place of production in which the unit is situated have been complied with;

b

the growing medium in the unit has been completely changed; and

c

the unit and all equipment used on the unit has been cleansed and disinfected to eliminate Potato ring rot and to remove all host plant material.

4

Where an authorisation is granted under sub-paragraph (2), the authorisation may specify that only certified seed potatoes, mini-tubers or micro-plants derived from officially tested sources may be used in the production.

an official survey is carried out during the specified period in accordance with Article 2 of Directive 93/85/EEC;

c

a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time;

8

For the purposes of sub-paragraphs (3) and (7), the “specified period” means the period specified in the notice which must be at least three growing seasons following the year in which the zone was demarcated.

PART 6Measures for the control of Potato brown rot

I9623

In this Schedule—

“certified seed potatoes” means pre-basic seed potatoes or basic seed potatoes within the meaning given in regulation 2(1) of the Seed Potatoes Regulations;
“contaminated” means designated by a plant health inspector as contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC.
“first growing year”, in the case of measures to be taken in relation to a contaminated place of production, means the first growing year following the growing year in which the contaminated place of production is designated as contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC;
“notice”, in relation to a notice to be given by a plant health inspector, means a notice under regulation 15(1);
“object” means any item of machinery, vehicle, vessel, store or other object, including packaging material;
“possibly contaminated” means determined by a plant health inspector as possibly contaminated for the purposes of Article 5(1)(a)(iii) or (c)(iii) of Directive 98/57/EC;
“relevant RNQP requirements”, in relation to plants for planting of Solanum lycopersicum L., means—
1. a
  in relation to plants for planting produced before 14^th December 2019, the requirements specified in respect of those plants for planting in Section 2 of Part A of Annex 2, and Section 2 of Part A of Annex 4, to Directive 2000/29/EC;
2. b
  in relation to plants for planting produced on or after 14^th December 2019, the requirements specified in respect of those plants for planting in Part F of Annex 4, and Part E of Annex 5, to the Phytosanitary Conditions Regulation;
“susceptible material” means plants (including tubers), other than true seed, of Solanum tuberosum L. or plants, other than fruit or seeds, of Solanum lycopersicum L.;
“zone” means any area, including any individual premises.

Official surveys and testingI9724

1

The Department must ensure that annual systematic official surveys are carried out in Northern Ireland to identify the presence of Potato brown rot on susceptible material in accordance with Article 2 of Directive 98/57/EC.

2

Where the presence of Potato brown rot is suspected, the Department must ensure that—

a

official testing is carried out to confirm whether it is present—

i

in the case of susceptible material, using the method set out in Annex 2 to Directive 98/57/EC and in accordance with the conditions specified in point 1 of Annex 3 to Directive 98/57/EC;

ii

in any other case, using any officially approved method;

b

pending the confirmation of its presence or the refutation of its suspected presence, where suspect diagnostic visual symptoms of Potato brown rot have been seen and a positive result in a rapid screening test has been obtained or a positive result in the screening tests specified in point 2 of Section 1 and Section 3 of Annex 2 to Directive 98/57/EC has been obtained—

i

the movement of all plants and tubers from all crops, lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato brown rot spreading;

ii

steps are taken to trace the origin of the suspected occurrence; and

iii

additional appropriate precautionary measures based on the level of estimated risk are taken to prevent any spread of Potato brown rot.

3

A notice may contain measures for the purposes of sub-paragraph (2)(b)(i) to (iii).

the designation of surface water from which the sample was taken by a plant health inspector, to the extent appropriate and on the basis of the investigation under paragraph (a);

c

a determination by a plant health inspector of the probable contamination on the basis of the designation made under sub-paragraph (b);

d

the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (b), the determination made under sub-paragraph (c) and the possible spread of Potato brown rot in accordance with point 2(ii) of Annex 5 to Directive 98/57/EC.

Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rotI9926

1

No person may knowingly plant or knowingly cause or permit to be planted—

a

any contaminated susceptible material; or

b

any possibly contaminated susceptible material.

2

Where susceptible material or an object has been designated as contaminated or possibly contaminated under paragraph 25(2), a plant health inspector must serve a notice requiring that—

a

in the case of contaminated susceptible material, the material be subjected to any measure that complies with point 1 of Annex 6 to Directive 98/57/EC.

b

in the case of possibly contaminated susceptible material, the material be used or disposed of in accordance with point 2 of Annex 6 to Directive 98/57/EC.

c

in the case of a contaminated object or a possibly contaminated object, the object be—

i

disposed of by destruction; or

ii

cleansed and disinfected so that there is no identifiable risk of Potato brown rot surviving or spreading.

3

Anything cleansed and disinfected in accordance with sub-paragraph (2) may no longer be treated as contaminated for the purposes of Directive 98/57/EC.

in relation to potato production, specify that only certified seed potatoes or mini-tubers or micro-plants derived from officially tested sources may be used in the production;

b

in relation to tomato production, specify that only seed which meets the relevant RNQP requirements or, if vegetatively propagated, tomato plants produced from seed which meets the relevant RNQP requirements and grown under official control, may be used in the production;

c

prohibit any irrigation or spraying programme at the place of production;

d

specify how any irrigation or spraying programme at the place of production must be carried out for the purpose of preventing the spread of Potato brown rot.

Measures to be taken in demarcated zones for the control of Potato brown rotI10229

1

This paragraph applies where a plant health inspector has demarcated a zone in relation to a confirmed finding of Potato brown rot under paragraph 25(3)(d) or (4)(d).

2

The Department may, by notice, specify further prohibitions, restrictions and other measures which are to apply in the demarcated zone to prevent the risk of Potato brown rot surviving or spreading.

3

The Department may, in particular, specify in a notice under sub-paragraph (2), that—

a

any machinery or storage facilities at premises within the demarcated zone which are used for growing, storing or handling potato tubers or tomatoes within the zone, or any premises within the zone from which machinery for potato or tomato production is operated under contract, must be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot surviving or spreading;

b

in the case of potato crops, only certified seed potatoes or seed potatoes grown under official control may be planted during the specified period;

c

d

in the case of tomato crops, only tomato plants grown from seed which meets the relevant RNQP requirements or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted during the specified period;

e

contaminated surface water must not be used for the irrigation or the spraying of specified plant material and, where appropriate, other host plants of Potato brown rot, without the prior written authorisation of a plant health inspector;

f

if liquid waste discharges have been contaminated, any waste from industrial processing or packaging premises in the zone which handle specified plant material must be disposed of under the supervision of a plant health inspector.

4

A notice under sub-paragraph (2)—

a

must be in writing;

b

must describe the extent of the demarcated zone;

c

must specify in relation to each measure whether it applies generally or to an area of surface water in the demarcated zone;

d

must specify the date on which each measure takes effect and for how long;

e

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

f

may be amended, suspended or revoked, in whole or in part, by further notice.

5

SCHEDULE 3Offences: relevant provisions in the EU Regulations

Regulation 40(1)(d) to (f)

I104PART 1The EU Plant Health Regulation

Annotations:

Commencement Information

I104

Sch. 3 Pt. 1 in operation at 23.12.2020, see reg. 1

Provision of the EU Plant Health Regulation	Subject matter
Article 5(1) (as read with Article 8(1))	Prohibits the introduction of a Union quarantine pest into the Union territory, the movement of a Union quarantine pest within the Union territory or the holding, multiplication or the release of a Union quarantine pest in the Union territory51
Article 9(3) (as read with Article 33(1))	Requires professional operators immediately to notify competent authorities of any evidence they may have concerning an imminent danger of the entry of: -a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) into the Union territory or into a part of the Union territory where it is not yet present, or -a protected zone quarantine pest into the respective protected zone.
Article 14(1) (as read with Articles 16 and 33(1))	Requires a professional operator who suspects or becomes aware that: -a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) is present in plants, plant products or other objects which are under the operator’s control, -a protected zone quarantine pest is present in plants, plant products or other objects which are under the operator’s control in the respective protected zone, immediately to notify the competent authority and take precautionary measures to prevent the establishment and spread of the pest.
Article 14(3)	Requires a professional operator: -to consult the competent authority where the professional operator has received an official confirmation concerning the presence of a Union quarantine pest in plants, plant products or other objects which are under the operator’s control, and -where applicable, proceed with the actions required under Article 14(4) and (7).
Article 15(1) (as read with Articles 15(2), 16 and 33(1))	Requires a person who is not a professional operator immediately to notify the competent authority where the person becomes aware of, or has reason to suspect: -the presence of a Union quarantine pest, -the presence of a protected zone quarantine pest in the respective protected zone.
Article 32(2)	Prohibits the introduction of a protected zone quarantine pest into the respective protected zone, the movement of a protected zone quarantine pest within the respective protected zone or the holding, multiplication or the release of a protected zone quarantine pest in the respective protected zone52.
Article 37(1) (as read with Article 39 and Article 17 of the Phytosanitary Conditions Regulation)	Prohibits the introduction into the Union territory by a professional operator of a Union regulated non-quarantine pest on plants for planting through which it is transmitted, or the movement of a Union regulated non-quarantine pest within the Union territory by a professional operator on plants for planting through which it is transmitted53
Article 40(1) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of certain plants, plant products or other objects if they originate from all or certain third countries or territories54.
Article 41(1) (as read with Articles 47 and 48(1) and paragraphs 3(2), 5(3) and 11(2) of Schedule 1)	Prohibits: -the introduction into the Union territory of certain plants, plant products or other objects from third countries unless the special requirements in respect of those plants, plant products or other objects are fulfilled55 -the movement within the Union territory of certain plants, plant products or other objects unless the special requirements in respect of those plants, plant products or other objects are fulfilled56.
Article 42(2) (as read with Articles 47 and 48(1))	Prohibits the introduction into the Union territory of high-risk plants, plant products or other objects from third countries57.
Article 43(1)	Prohibits the introduction into the Union territory of wood packaging material, whether or not actually in use in the transport of objects of any kind, unless it fulfils the specified requirements or is subject to the exemptions provided for ISPM 15.
Article 45(1), third paragraph (as read with Article 55)	Requires postal services and professional operators involved in sales through distance contracts to make specified information available to their clients through the internet.
Article 53(1) (as read with Articles 57 and 58)	Prohibits: -the introduction of certain plants, plant products or other objects originating from third countries into certain protected zones, -the introduction of certain plants, plant products and other objects originating within the Union territory into certain protected zones58.
Article 54(1) (as read with Articles 57 and 58)	Prohibits: -the introduction of certain plants, plant products or other objects into certain protected zones unless the special requirements in respect of those protected zones are fulfilled, -the movement of certain plants, plant products or other objects within certain protected zones unless the special requirements in respect of those protected zones are fulfilled59.
Article 59	Requires: -vehicles, machinery or packaging material used for specified plants, plant products or other objects moving into or within the Union territory or through the Union territory, to be free from Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1), -vehicles, machinery or packaging material used for specified plants, plant products or other objects moving into or within the protected zones, or through protected zones, to be free from the respective protected zone quarantine pests.
Article 62(1)	Requires a person responsible for a quarantine station or confinement facility to monitor the station or facility and its immediate vicinity for the unintended presence of Union quarantine pests and pests subject to measures adopted pursuant to Article 30(1).
Article 62(2)	Requires a person responsible for a quarantine station or confinement facility to take appropriate action based on the contingency plan referred to in point (e) of Article 61(1) and to comply with the obligations of professional operators in Article 14 where the unintended presence of a Union quarantine pest or a pest subject to measures adopted pursuant to Article 30(1) is found or suspected
Article 64(1) (as read with Article 64(2))	Prohibits the release of plants, plant products and other objects from quarantine stations or confinement facilities unless authorised by the competent authority.
Article 66(1) (as read with Article 65(3)	Requires certain professional operators to submit an application for registration to the competent authority.
Article 66(5) (as read with Article 65(3))	Requires registered operators where relevant: -to submit an annual update concerning any changes in the data referred to in points (d) and (e) of Article 66(2) or in the statements referred to in points (b) and (c) of Article 66(2), -to update the data referred to in point (a) of Article 66(2) no later than 30 days after the change in that data.
Article 69(1) (as read with Articles 65(3) and 69(3))	Requires a professional operator to whom plants, plant products or other objects are supplied that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator who supplied each trade unit.
Article 69(2) (as read with Article 69(3)	Requires a professional operator who is supplying plants, plant products or other objects that are subject to the specified requirements or conditions to keep a record allowing the operator to identify the professional operator to whom each trade unit was supplied.
Article 69(4)	Requires professional operators to keep the records required pursuant to Article 69(1) to (3) for at least three years.
Article 70(1)	Requires professional operators who are supplied with, or supply, the plants, plant products or other objects referred to in Article 69(1) and (2) to have in place traceability systems or procedures to allow identification of the movements of those plants, plant products and other objects within and between their own premises.
Articles 72(1) and 73 (as read with paragraphs 3(2), 5(3) and 7(2) of Schedule 1)	Prohibits the introduction into the Union territory of certain plants, plant products and other objects from third countries unless they are accompanied by a phytosanitary certificate.
Article 74(1)	Prohibits the introduction of certain plants, plant products and other objects from third countries into certain protected zones unless accompanied by a phytosanitary certificate
Article 79(1) (as read with Articles 81, 82 and 83)	Prohibits the movement of certain plants, plant products and other objects within the Union territory without a plant passport60.
Article 80(1) (as read with Articles 81, 82 and 83)	Prohibits the introduction of certain plants, plant products and other objects into certain protected zones, or the movement of certain plants, plant products and other objects within certain protected zones, without a plant passport61.
Article 84(1)	Prohibits professional operators from issuing plant passports unless they are authorised and from issuing plant passports for plants, plant products or other objects for which they are not responsible.
Article 84(3)	Prohibits authorised professional operators from issuing plant passports except at specified premises, collective warehouses or dispatching centres.
Article 85 (as read with Article 87 and paragraph 11(2) and (3) of Schedule 1)	Prohibits authorised professional operators from issuing plant passports for plants, plant products or other objects unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 86(1) (as read with Articles 86(2) and 87)	Prohibits authorised professional operators from issuing plant passports for plants, plant products or other objects to be introduced into, or moved within, a protected zone unless the specified requirements are fulfilled in respect of those plants, plant products or other objects.
Article 88	Requires professional operators to attach plant passports to the trade unit of the plants, plant products or other objects concerned, or where the plants, plant products or other objects are moved in a package, bundle or container, to that package, bundle or container.
Article 90(1)	Requires an authorised operator: -to identify and monitor the points in its production process and certain other critical points as regards the movement of plants, plant products and other objects where the authorised operator intends to issue a plant passport in respect of those plants, plant products and other objects, and -to keep records concerning the identification and monitoring of those points for at least three years.
Article 90(2)	Requires authorised operators to ensure that appropriate training is given to its personnel involved in the examinations referred to in Article 87.
Article 93(1)	Prohibits authorised operators from issuing replacement plant passports unless certain conditions are fulfilled.
Article 93(5)	Requires authorised operators to retain replacement plant passports or their contents for at least three years.
Article 96(1)	Prohibits the marking of wood packaging material, wood or other objects in the Union territory: -by any professional operator who is not authorised in accordance with Article 98, or -otherwise than in the manner required.
Article 97(1)	Prohibits the repairing of wood packaging material: -by any professional operator who is not authorised in accordance with Article 98, or -otherwise than in the manner required.

I105PART 2The Official Controls Regulation

Annotations:

Commencement Information

I105

Sch. 3 Pt. 2 in operation at 23.12.2020, see reg. 1

Provision of the Official Controls Regulation	Subject matter
Article 47(5) (as read with Articles 5 and 7 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market62	Requires the operator responsible for a relevant consignment entering the Union to ensure that it is presented for official controls at the border control post of first arrival into the Union.
Article 50(1)	Requires the operator of a relevant consignment to which Article 47(1) applies to present the original official certificates or documents which are required to accompany the consignment to the competent authorities of the border control post.
Article 50(3)	Prohibits the operator of a relevant consignment from splitting the consignment until official controls have been performed and the Community Health Entry Document (“CHED”) has been finalised.
Article 56(1)	Requires the operator of a relevant consignment to complete the relevant part of the CHED.
Article 56(4) (as read with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 on the prior notification of consignments of certain categories of animals and goods entering the Union63 and regulation 9)	Requires the operator of a relevant consignment to give prior notification to the competent authorities of the border control post of arrival of the consignment before the physical arrival of the consignment in the Union.

I106PART 3Other EU legislation

Annotations:

Commencement Information

I106

Sch. 3 Pt. 3 in operation at 23.12.2020, see reg. 1

Provision of EU legislation	Subject matter
Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination64.
Article 3 (as read with Articles 4(a), 5(1)(b), (d), 5(2)(a) and (c) and 6(a)	Requires the operator responsible for a consignment to ensure that a CHED accompanies the consignment before it is released for free circulation in accordance with Article 57(2)(b) of the Official Controls Regulation.
Commission Delegated Regulation (EU) 2019/2123 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts65
Article 2(1)(d), (e), (f), (g)(i) and (h) (as read with Article 2(2) and (3)), Article 5(1) (as read with Article 5(2), Article 6(1) and (4) and Article 8(2))	Requires the operator responsible for a consignment to comply with certain conditions where identity and physical checks on the consignment are to be performed at a control point other than a border control post.
Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union66
Article 5(a) and (b)	Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to enter certain details in the CHED and submit the CHED.
Article 6	Requires the operator who is responsible for a relevant consignment that has been given authorisation for onward transportation to comply with the specified conditions relating to its transportation and storage.
Article 16(1) and (3)	Requires the operator who is responsible for a transhipped relevant consignment to notify the specified information to the Department.
Article 22(4)	Requires the operator who is responsible for a relevant consignment that is in transit through the Union territory to take specific measures relating to the transportation of the consignment.

I107SCHEDULE 4Offences relating to EU emergency decisions

Regulation 41(1)(g)

Annotations:

Commencement Information

I107

Sch. 4 in operation at 23.12.2020, see reg. 1

EU Decision	Provision of EU Decision
Commission Decision 98/109/EC	Article 1 (requirements in relation to the introduction into the Union territory of cut flowers of Orchidaceae originating in Thailand).
Commission Decision 2002/757/EC	Article 3(1) and (2) (requirements in relation to the introduction into the Union territory of susceptible plants and susceptible wood originating in the USA) Article 3(4) (requirements in relation to the movement within the Union territory of certain plants, other than seeds, intended for planting and originating in third countries, other than the USA) Article 4 (prohibition on the introduction into the Union territory of susceptible bark originating in the USA) Article 5 (requirements in relation to the movement within the Union territory of certain plants intended for planting originating in the Union).
Commission Decision 2004/200/EC	Article 1 (prohibition on the movement within the Union territory of seeds of Solanum lycopersicum L. contaminated by Pepino mosaic virus) insofar as it relates to the movement of seeds of Solanum lycopersicum L. that were produced before 14 December 2019 and are moved within the Union territory at any time before 14 December 2020 Article 3(1) (requirements in relation to the movement of seeds of Solanum lycopersicum L. originating in the Union) insofar as it relates to the movement of seeds of Solanum lycopersicum L. that were produced before 14 December 2019 and are moved within the Union territory at any time before 14 December 2020.
Commission Implementing Decision 2011/787/EU	Article 1(1) (requirements in relation to the introduction into the Union territory of tubers of Solanum tuberosum L. originating in Egypt).
Commission Implementing Decision 2012/138/EU	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries, other than China) Article 3(1) and (2) (requirements in relation to the introduction into the Union territory of specified plants originating in China) Article 4 (requirements in relation to the movement within the Union territory of specified plants originating in, or introduced into, demarcated areas or specified plants introduced into the Union territory in accordance with Article 2 or 3).
Commission Implementing Decision 2012/270/EU	Article 1 (prohibition on the introduction into the Union territory, and the spread within the Union territory, of Epitrix cucumeris (Harris), Epitrix papa. (Orlova-Bienkowskaja), Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner)) Article 2(1) (requirements in relation to the introduction into the Union territory of potato tubers originating in third countries where one or more of the specified organisms are known to be present) Article 3 (requirements in relation to the movement within the Union territory of potato tubers originating in demarcated areas or potato tubers introduced into the Union territory from third countries where one or more of the specified organisms are known to be present).
Commission Implementing Decision 2012/535/EU	Article 10(1) and (2) (requirements in relation to the movement within the Union territory of susceptible plants, susceptible wood or susceptible bark).
Commission Implementing Decision 2012/697/EU	Article 2 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries) Article 3 (requirements in relation to the movement within the Union territory of specified plants originating in demarcated areas).
Commission Implementing Decision (EU) 2015/789	Article 9 (requirements in relation to the movement within the Union territory of specified plants, other than any which have been grown for the entire production cycle in vitro or plants belonging to varieties of specified plants listed in Annex III) Article 9a (requirements in relation to the movement within the Union territory of specified plants which have been grown for the entire production cycle in vitro and for at least part of their life in demarcated areas) Article 15 (prohibition on the introduction of plants for planting, other than seeds, of Coffea originating in Costa Rica or Honduras) Article 16 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is not present) Article 17(1) (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present).
Commission Implementing Decision (EU) 2015/893	Article 2(a) (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present) Article 3(a) (requirements in relation to the introduction into the Union territory of specified wood originating in third countries where the specified organism is known to be present) Article 4 (requirements in relation to the introduction into the Union territory of specified plants originating in, or introduced into, demarcated areas or specified plants introduced into the Union territory from third countries in accordance with Article 2) Article 5 (requirements in relation to the movement within the Union territory of specified wood originating in demarcated areas, specified wood retaining all or part of its round surface which has been introduced into demarcated areas or specified wood packaging material originating in demarcated areas).
Commission Implementing Decision (EU) 2016/715	Article 5 (requirements in relation to the introduction into the Union territory of specified fruits originating in South Africa or Uruguay) Article 5a (requirements in relation to the introduction into the Union territory of specified fruits originating in Argentina or Brazil).
Commission Implementing Decision (EU) 2018/638	Article 3(a) and (b) (requirements in relation to the introduction into the Union territory of specified plants originating in third countries other than Switzerland).
Commission Implementing Decision (EU) 2018/1503	Article 7(1), (6) and (7) (requirements in relation to the movement within the Union territory of specified plants originating in demarcated areas, specified plants introduced into demarcated areas or specified plants introduced into the Union territory from third countries where the specified organism is known to be present in accordance with Article 11) Article 8 (requirements in relation to the movement within the Union territory of specified wood originating in demarcated areas or specified wood retaining all or part of its round surface introduced into demarcated areas) Article 9 (requirements in relation to the movement within the Union territory of specified wood packaging material originating in demarcated areas) Article 11 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries where the specified organism is known to be present) Article 12 (requirements in relation to the introduction into the Union territory of specified wood originating in third countries where the specified organism is known to be present).
Commission Implementing Decision (EU) 2019/1739	Article 2 (prohibition on the introduction of Rose rosette virus into the Union territory and its spread within the Union territory Article 5 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries).
Commission Implementing Decision (EU) 2019/2032	Article 6 (requirements in relation to the movement within the Union territory of specified plants) Article 7 (requirements in relation to the movement of specified wood and isolated bark from an infested zone to a buffer zone or from a demarcated area) Article 8 (requirements in relation to the movement of wood packaging material from an infested zone to a buffer zone or from a demarcated area) Article 9 (requirements in relation to the introduction into the Union territory of specified plants originating in non-European third countries) Article 10 (requirements in relation to the introduction into the Union territory of specified wood or isolated bark originating in non-European third countries).
Commission Implementing Regulation (EU) 2020/885	Article 2 (prohibition on the introduction of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto into the Union territory and its spread within the Union territory) Article 3 (requirements in relation to the introduction into the Union territory of specified plants originating in third countries) Article 7 (requirements in relation to the movement within the Union territory of specified plants that have spent a part of their lives in the Union).
Commission Implementing Regulation (EU) 2020/1191	Article 2 (prohibition on the introduction of Tomato brown rugose fruit virus into the Union territory and its spread within the Union territory) Article 6 (requirements in relation to the movement within the Union territory of specified plants for planting within the Union) Article 7 (requirements in relation to the movement within the Union territory of specified seeds) Article 8 (requirements in relation to the introduction into the Union territory of specified plants for planting originating in third countries) Article 9 (requirements in relation to the introduction into the Union territory of specified seeds originating in third countries).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations largely revoke and replace the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019. They also revoke regulations 6 and 7 of the Plant Health and Seeds (Miscellaneous Provisions) Regulations (Northern Ireland) 2019.

The Regulations give effect to—

a

Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants (O.J. No. L 317, 23.11.2016, p. 4), amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council (“the EU Plant Health Regulation”); and

b

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, in so far as it applies to the rules referred to in Article 1(2)(g) (O.J. No. L 95, 7.4.2017, p. 1) (“the official Controls Regulation”).

The Regulations also implement in relation to Northern Ireland—

a

Council Directive 69/464/EEC on control of Potato Wart Disease (O.J. No. L 323, 24.12.1969, p. 1);

b

Council Directive 93/85/EEC on the control of potato ring rot (O.J. No. L 259, 18.10.1993, p. 1);

c

Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. (O.J. No. L 235, 21.8.1998, p. 1); and

d

Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC (O.J. No. L 156, 16.6.2007, p. 12).

Part 1 is introductory and includes definitions. Regulation 3(2) provides for references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants (O.J. No. L 319, 10.12.2019, p. 1), and to the European Union instruments listed in regulation 3(1), to be read as references to those instruments as amended from time to time.

Part 2, regulation 6 designates the Department of Agriculture, Environment and Rural Affairs as the competent authority in Northern Ireland.

Part 3 makes further provision in relation to consignments of plants, plant products and other objects from third countries which are subject to official controls on their entry into the European Union.

Part 4 contains powers to enable plant health inspectors appointed by the Department and the Department to take measures to prevent the establishment or spread of harmful plant pests in Northern Ireland.

Part 5 and Schedule 1—

a

impose additional emergency measures to prevent the establishment or spread of certain harmful plant pests in Northern Ireland;

b

prohibit, or impose additional phytosanitary conditions on, the introduction of certain plants, plant products or other objects from third countries into Northern Ireland; and

c

prohibit, or impose additional phytosanitary conditions on, the introduction of certain plants from the Union territory, other than the United Kingdom, into Northern Ireland.

Part 6 makes further provision in relation to the registration of professional operators and the granting of authorisations to professional operators by the Department.

Part 7 and Schedule 2 impose additional requirements in relation to certain solanaceous species (potatoes and tomatoes) to implement the Directives mentioned above.

Part 8 imposes additional notification requirements in respect of certain plants and plant products which are to be brought into Northern Ireland from Great Britain, other member States, Switzerland or third countries.

Part 9 sets out general powers of plant health inspectors to enable them to perform official controls and other official activities, and enforce the EU Plant Health Regulation, the Official Controls Regulation and these Regulations. Regulation 35 provides for recovery of expenses incurred by the Department and regulation 38 provides for a right of appeal against certain decisions of the Department.

Part 10 contains general and supplemental provisions in relation to notices given by plant health inspectors.

Part 11 contains offences for non-compliance with specified provisions of the EU Plant Health Regulation, the Official Controls Regulation and other EU instruments and offences in relation to these Regulations. Regulation 51 sets out the penalties for these offences.

Parts 12 and 13 provide for minor consequential amendments to secondary legislation, revocations and saving provisions.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.