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

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

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

2.—(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)have been exported from an area established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.; or

(b)in the case of any machinery or vehicles exported from an area infested with Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., they have been cleaned and were free from soil and plant debris prior to being moved out of the area.

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

Commencement Information

I1Sch. 1 para. 2 in operation at 23.12.2020, see reg. 1

Temporary measures in relation to Candidatus Phytoplasma ulmiN.I.

3.—(1) No person may introduce any plants intended for planting, other than seeds, of Ulmus L. which originate in Canada or the USA unless they are accompanied by a phytosanitary certificate which includes an official statement confirming 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.

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

Commencement Information

I2Sch. 1 para. 3 in operation at 23.12.2020, see reg. 1

Temporary measures in relation to Agrilus planipennis FairmaireN.I.

4.—(1) This paragraph applies to plants, plant products or other objects described in columns (2) and (3) of Table 1 in so far as they are not subject to the prohibition on the introduction into the Union territory of high-risk plants, plant products or other objects that applies by virtue of Article 42(2) of the EU Plant Health Regulation.

(2) No person may introduce any plants, plant products or other objects described in columns (2) and (3) of Table 1 unless they are accompanied by a phytosanitary certificate which includes an official statement confirming—

(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 pests(1) 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) 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.

Commencement Information

I3Sch. 1 para. 4 in operation at 23.12.2020, see reg. 1

Exception for controlled material in transitN.I.

5.—(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 pests(2) 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.

Commencement Information

I4Sch. 1 para. 5 in operation at 23.12.2020, see reg. 1

(1)

“Union quarantine pest” is defined in Article 4 of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants (O.J. No. L 317, 23.11.2016, p.4), as amended by Regulation (EU) 2017/625 (O.J. No. L 95, 7.4.2017, p. 1).

(2)

“Protected zone quarantine pest” is defined in Article 32 of Regulation (EU) 2016/2031.

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