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

Regulation 18

SCHEDULE 1 N.I. Temporary national measures

Interpretation N.I.

1.  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—

(a)

is being moved through Northern Ireland under customs supervision on its journey from one third country to another third country; or

(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 1951(1);

“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 Nations(2)

“phytosanitary certificate” means—

(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);

(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—

(i)

complies with the requirements specified in Article 76(2) of the EU Plant Health Regulation; and

(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.

Commencement Information

I1 Sch. 1 para. 1 in operation at 23.12.2020, see reg. 1

PART 1 N.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

I2 Sch. 1 para. 2 in operation at 23.12.2020, see reg. 1

Temporary measures in relation to Candidatus Phytoplasma ulmi N.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

I3 Sch. 1 para. 3 in operation at 23.12.2020, see reg. 1

Temporary measures in relation to Agrilus planipennis Fairmaire N.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(3) 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

I4 Sch. 1 para. 4 in operation at 23.12.2020, see reg. 1

Exception for controlled material in transit N.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(4) 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

I5 Sch. 1 para. 5 in operation at 23.12.2020, see reg. 1

PART 2 N.I. Plants, 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 N.I.

6.  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.

Commencement Information

I6 Sch. 1 para. 6 in operation at 23.12.2020, see reg. 1

7.  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 Solanum tuberosum 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.

Commencement Information

I7 Sch. 1 para. 7 in operation at 23.12.2020, see reg. 1

PART 3 N.I. Official controls on consignments from third countries

8.—(1) In this Part— N.I.

“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.

Commencement Information

I8 Sch. 1 para. 8 in operation at 23.12.2020, see reg. 1

Application of this Part N.I.

9.—(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.

Commencement Information

I9 Sch. 1 para. 9 in operation at 23.12.2020, see reg. 1

Notification and presentation of Schedule 1 consignments N.I.

10.—(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 posts(5);

“working day” and “working hour” have the same meaning as in regulation 7(4).

Commencement Information

I10 Sch. 1 para. 10 in operation at 23.12.2020, see reg. 1

Consignments not correctly presented for official controls N.I.

11.  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.

Commencement Information

I11 Sch. 1 para. 11 in operation at 23.12.2020, see reg. 1

Official controls to be performed on Schedule 1 consignments N.I.

12.—(1) The Department must perform official controls on a Schedule 1 consignment at the border control post of arrival.

(2) Any documentary check, identity check or physical check in relation to a Schedule 1 consignment must be performed by a plant health inspector.

(3) In the case of a Schedule 1 consignment which is in transit, a plant health inspector may require the following official controls to be carried out before authorising any onward transit of the consignment—

(a) a documentary check of the transit declaration and an examination of any other official documents accompanying the consignment;

(b) a physical check of the consignment’s packaging and means of transport to verify 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 whilst in transit through the Union territory.

(4) In the case of a Schedule 1 consignment which is being transhipped and remains, or is to remain, at the border control post of arrival for longer than the transhipment period, a plant health inspector may require the following official controls to be carried out—

(a) a documentary check of the transit declaration and an examination of any other official documents accompanying the consignment;

(b) an identity check or plant health check in relation to the consignment.

(5) In the case of any other Schedule 1 consignment, a plant health inspector must carry out a documentary check, identity check and a physical check.

(6) Any documentary check, identity check or physical check which is carried out in relation to a Schedule 1 consignment must, so far as is possible, be carried out by a plant health inspector in the same manner as the inspector would carry out the check if the consignment were a consignment of plants, plant products or other objects referred to in Article 47(1)(c) of the Official Controls Regulation.

(7) Where a plant health inspector suspects that a Schedule 1 consignment is likely to be, or has been, brought into Northern Ireland from a third country in contravention of a domestic import rule or that any controlled material in the consignment may not otherwise comply with a domestic import rule relating to the controlled material in the consignment, the plant health inspector must serve a notice on the responsible operator—

(a) 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.

Commencement Information

I12 Sch. 1 para. 12 in operation at 23.12.2020, see reg. 1

Completion of official controls N.I.

13.  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.

Commencement Information

I13 Sch. 1 para. 13 in operation at 23.12.2020, see reg. 1

Removal of Schedule 1 consignments from border control posts of arrival N.I.

14.—(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.

Commencement Information

I14 Sch. 1 para. 14 in operation at 23.12.2020, see reg. 1

Measures to be taken on non-compliant Schedule 1 consignments N.I.

15.—(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.

Commencement Information

I15 Sch. 1 para. 15 in operation at 23.12.2020, see reg. 1

Measures to be taken on Schedule 1 consignments N.I.

16.—(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) 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 or any EU plant health rules relating to the controlled material; and

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

Commencement Information

I16 Sch. 1 para. 16 in operation at 23.12.2020, see reg. 1

Notification of decisions to refuse the entry of a Schedule 1 consignment into Northern Ireland N.I.

17.—(1) The Department must ensure that any decision by a plant health inspector to refuse a Schedule 1 consignment entry into Northern Ireland is immediately notified in writing to—

(a) the appropriate GB authority;

(b) the Commission;

(c) the competent authorities of other member States;

(d) the national plant protection organisation of the third country of origin; and

(e) the responsible operator.

(2) In this paragraph, “GB authority” means—

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

(b) in relation to Scotland, the Scottish Ministers;

(c) in relation to Wales, the Welsh Ministers.

Commencement Information

I17 Sch. 1 para. 17 in operation at 23.12.2020, see reg. 1

Notices under this Part N.I.

18.  A notice in relation to a Schedule 1 consignment under this Part may include any of the following—

(a) the measures that the responsible operator must take to isolate or quarantine the consignment or otherwise deal with the risk to plant health arising from the consignment;

(b) where a plant health inspector requires the consignment to be destroyed or otherwise disposed of, re-exported or treated, the measures that the responsible operator must take to destroy or otherwise dispose of, re-export or treat the consignment;

(c) any other measures which the plant health inspector considers are appropriate in the light of the suspected or known contravention or the risk to plant health in Northern Ireland or to any other part of the Union territory arising from the consignment.

Commencement Information

I18 Sch. 1 para. 18 in operation at 23.12.2020, see reg. 1

Regulation 23

SCHEDULE 2 N.I.

PART 1 N.I. General interpretation

1.  In this Schedule— N.I.

“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) 2016(6).

Commencement Information

I19 Sch. 2 para. 1 in operation at 23.12.2020, see reg. 1

PART 2 N.I. General provisions relating to the planting of certain solanaceous species

General restrictions on the planting of potatoes N.I.

2.—(1) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes which have been grown in a third country, other than Switzerland, or any potatoes produced from those potatoes.

(2) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes unless—

(a) they derive in direct line from potato material which has been obtained under an officially approved programme in the European Union or Switzerland;

(b) they have been found to be free from Potato ring rot in official tests using the methods set out in Annex 1 to Directive 93/85/EEC;

(c) they have been found to be free from Potato brown rot in official tests using the methods set out in Annex 2 to Directive 98/57/EC.

[F1 (2A) But sub-paragraphs (1) and (2)(a) do not apply in relation to tubers of Solanum tuberosum L. (seed potatoes) from Great Britain that have entered Northern Ireland as part of a consignment with a Northern Ireland plant health label, or (as regards sub-paragraph (1)), any potatoes produced from those potatoes]

(3) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes other than—

(a) potatoes which may be marketed in Northern Ireland under the Seed Potatoes Regulations;

(b) one year’s direct progeny of the potatoes referred to in paragraph (a) where that direct progeny has been grown by that person.

(4) Any person who is involved in the planting of potatoes must retain and make available to a plant health inspector the following documents in relation to the potatoes—

(a) their official labels;

(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.

[F2 (5) 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]

Textual Amendments

F1 Sch. 2 para. 2(2A) inserted (1.10.2023) by The Windsor Framework (Plant Health) Regulations 2023 (S.I. 2023/957), regs. 1(2), 22(2)(a)

F2 Sch. 2 para. 2(5) inserted (1.10.2023) by The Windsor Framework (Plant Health) Regulations 2023 (S.I. 2023/957), regs. 1(2), 22(2)(b)

Commencement Information

I20 Sch. 2 para. 2 in operation at 23.12.2020, see reg. 1

PART 3 N.I. Measures for the control of Potato wart disease

Interpretation N.I.

3.  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.

Commencement Information

I21 Sch. 2 para. 3 in operation at 23.12.2020, see reg. 1

Official measures relating to contaminated plots of land N.I.

4.—(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.

Commencement Information

I22 Sch. 2 para. 4 in operation at 23.12.2020, see reg. 1

Prohibition on the planting of potatoes on contaminated plots N.I.

5.—(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.

Commencement Information

I23 Sch. 2 para. 5 in operation at 23.12.2020, see reg. 1

Revocation of the demarcation of a contaminated plot N.I.

6.  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.

Commencement Information

I24 Sch. 2 para. 6 in operation at 23.12.2020, see reg. 1

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

Interpretation N.I.

7.  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.

Commencement Information

I25 Sch. 2 para. 7 in operation at 23.12.2020, see reg. 1

Official investigations and surveys N.I.

8.  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.

Commencement Information

I26 Sch. 2 para. 8 in operation at 23.12.2020, see reg. 1

Official records of investigations and surveys N.I.

9.—(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.

Commencement Information

I27 Sch. 2 para. 9 in operation at 23.12.2020, see reg. 1

Notices in relation to infested fields and contaminated susceptible material N.I.

10.—(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.

Commencement Information

I28 Sch. 2 para. 10 in operation at 23.12.2020, see reg. 1

Prohibition on the planting of potatoes in infested fields N.I.

11.—(1) Unless authorised to do so by an inspector, no person may—

(a) plant any potatoes in an infested field; or

(b) plant or store any susceptible material which is intended for planting in an infested field.

(2) A plant health inspector may authorise the planting of susceptible bulbs or susceptible plants in an infested field.

(3) An authorisation under sub-paragraph (2) must be by notice and must contain the measures set out in Section 3(A) of Annex 3 to Directive 2007/33/EC.

Commencement Information

I29 Sch. 2 para. 11 in operation at 23.12.2020, see reg. 1

Controls on contaminated seed potatoes etc. N.I.

12.—(1) No person may plant any seed potatoes or any host plants which have been designated as infested pursuant to paragraph 10(3), unless authorised to do so by an inspector.

(2) An authorisation under sub-paragraph (1) must be by notice and must contain the measures which the inspector considers necessary to decontaminate those seed potatoes or plants.

Commencement Information

I30 Sch. 2 para. 12 in operation at 23.12.2020, see reg. 1

Controls on potatoes for industrial processing or grading N.I.

13.—(1) No person may move any potatoes which have been designated as infested pursuant to paragraph 10(3) and are intended for industrial processing or grading, unless authorised to do so by an inspector.

(2) An authorisation under sub-paragraph (1) must be by notice and must require the potatoes to be delivered to a processing or grading plant that has appropriate and officially approved waste disposal procedures that ensure that there is no risk of Potato cyst nematodes spreading.

Commencement Information

I31 Sch. 2 para. 13 in operation at 23.12.2020, see reg. 1

Controls on contaminated bulbs etc. N.I.

14.  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.

Commencement Information

I32 Sch. 2 para. 14 in operation at 23.12.2020, see reg. 1

Further investigations for the presence of Potato cyst nematodes N.I.

15.  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.

Commencement Information

I33 Sch. 2 para. 15 in operation at 23.12.2020, see reg. 1

PART 5 N.I. Measures for the control of Potato ring rot

Interpretation N.I.

16.—(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.

Commencement Information

I34 Sch. 2 para. 16 in operation at 23.12.2020, see reg. 1

Official surveys and testing N.I.

17.—(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).

Commencement Information

I35 Sch. 2 para. 17 in operation at 23.12.2020, see reg. 1

Measures to be taken following the confirmation of the presence of Potato ring rot N.I.

18.—(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.

Commencement Information

I36 Sch. 2 para. 18 in operation at 23.12.2020, see reg. 1

Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot N.I.

19.—(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.

Commencement Information

I37 Sch. 2 para. 19 in operation at 23.12.2020, see reg. 1

Measures in relation to a contaminated place of production N.I.

20.—(1) A plant health inspector must serve the following notices on any occupier or other person who is in charge of a contaminated place of production—

(a) in relation to any contaminated field which is part of the place of production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

(b) in relation to any field which is part of the place of production and is not contaminated, a notice containing the third set of eradication measures.

(2) The first set of eradication measures is—

(a) the measures to be taken in the field from the date of receipt of the notice and for at least three growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally-found host plants, of Potato ring rot;

(b) a prohibition on the planting of any of the following in the field during that period—

(i) potato tubers, plants or true seeds;

(ii) naturally-found host plants of Potato ring rot;

(iii) crops for which there is a risk of Potato ring rot spreading;

(c) a requirement that in the first potato cropping season following that period only potatoes for ware production be planted in the field, that they only be planted if the field has been found free from volunteer potato plants and other naturally found host plants of Potato ring rot for at least two consecutive growing years prior to planting, and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC; and

(d) a requirement that in the next potato cropping season only potatoes for seed or ware production be planted in the field following an appropriate rotation cycle (which must be at least two years where the potatoes are to be planted for seed production).

(3) The second set of eradication measures is—

(a) the measures to be taken in the field from the date of receipt of the notice and for four growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally-found host plants, of Potato ring rot;

(b) a requirement that, during that period, the field be maintained in bare fallow or in permanent pasture with frequent close cutting or intensive grazing; and

(c) a requirement that in the first potato cropping season following that period only potatoes for seed or ware production be planted, that they only be planted if the field has been found free from volunteer potato plants and other naturally found host plants of Potato ring rot for at least two consecutive growing years prior to planting, and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC.

(4) The third set of eradication measures is—

(a) where a plant health inspector is satisfied that the risk of volunteer potato plants and other naturally-found host plants of Potato ring rot has been eliminated, a prohibition on the planting of any of the following in the field from the date of receipt of the notice and for the first growing year—

(i) potato tubers, plants or true seeds;

(ii) naturally-found host plants of Potato ring rot; and

(iii) certified seed potatoes, unless they are for ware production only;

(b) a requirement that, in the subsequent growing year only the following potatoes be planted for seed or ware production—

(i) certified seed potatoes; and

(ii) seed potatoes officially tested for the absence of Potato ring rot and grown under official control at a place of production which is not a contaminated place of production;

(c) a requirement that during at least the third growing year only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production; and

(d) the measures to be taken in the field from the date of receipt of the notice to the end of the third growing year so as to eliminate volunteer potato plants, and naturally found host plants, of Potato ring rot and a requirement that official testing be carried out on harvested tubers in each field using the method set out in Annex 1 to Directive 93/85/EEC.

(5) A notice served by a plant health inspector under sub-paragraph (2) must additionally include a requirement that all machinery and storage facilities at the place of production which are used for potato production be cleansed and disinfected immediately following the first growing year and specify the appropriate methods for cleansing and disinfecting the machinery and storage facilities.

(6) The measures which may be specified in a notice under sub-paragraph (1) or (5) may be included in a notice with other appropriate measures.

(7) The person on whom a notice is served pursuant to sub-paragraph (1) must ensure that the measures specified in the notice are taken in the required manner.

(8) Where a plant health inspector serves a notice containing the first set of eradication measures, the Department must ensure that an official survey is carried out in relation to the field mentioned in sub-paragraph (2)(d) in accordance with Article 2 of Directive 93/85/EEC.

Commencement Information

I38 Sch. 2 para. 20 in operation at 23.12.2020, see reg. 1

Additional measures applicable to a unit of protected crop production N.I.

21.—(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.

Commencement Information

I39 Sch. 2 para. 21 in operation at 23.12.2020, see reg. 1

Measures to be taken in demarcated zones for the control of Potato ring rot N.I.

22.—(1) This paragraph applies where a plant health inspector has demarcated a zone pursuant to paragraph 18(1)(c).

(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 ring 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 potato production must be cleansed and disinfected in an appropriate manner so that there is no identifiable risk of Potato ring rot surviving or spreading;

(b) only certified seed potatoes or seed potatoes grown under official control may be planted during the specified period;

(c) any seed potatoes grown in a place of production which is possibly contaminated must be officially tested after harvesting;

(d) potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed potatoes and the handling of ware potatoes during the specified period.

(4) A notice under sub-paragraph (2)—

(a) must be in writing;

(b) must describe the extent of the demarcated zone;

(c) must specify the date on which each measure is to take effect and for how long;

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

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

(5) Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this paragraph, except where the part which is outside the demarcated zone is not in Northern Ireland.

(6) A notice published in accordance with sub-paragraph (4) is to be treated as having been served on—

(a) any occupier or other person in charge of any premises within the demarcated zone; and

(b) any person who operates machinery or carries out any other activity in relation to the production of potatoes within the demarcated zone.

(7) The Department must ensure that—

(a) premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by plant health inspectors for the duration of the specified period;

(b) 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.

Commencement Information

I40 Sch. 2 para. 22 in operation at 23.12.2020, see reg. 1

PART 6 N.I. Measures for the control of Potato brown rot

23.  In this Schedule— N.I.

“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—

(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;

(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.

Commencement Information

I41 Sch. 2 para. 23 in operation at 23.12.2020, see reg. 1

Official surveys and testing N.I.

24.—(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).

Commencement Information

I42 Sch. 2 para. 24 in operation at 23.12.2020, see reg. 1

Measures to be taken following the confirmation of the presence of Potato brown rot N.I.

25.—(1) If the presence of Potato brown rot is confirmed following official testing carried out pursuant to paragraph 24(2)(a), the Department must ensure that the actions specified in sub-paragraphs (2) to (4) are taken in accordance with sound scientific principles, the biology of Potato brown rot and the relevant production, marketing and processing systems of host plants of Potato brown rot.

(2) In the case of susceptible material, the actions are—

(a) an investigation by a plant health inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC;

(b) further official testing, including on all clonally related seed potato stocks;

(c) the designation of the following as contaminated by a plant health inspector—

(i) the susceptible material and consignment or lot from which the sample was taken;

(ii) any objects which have been in contact with that sample;

(iii) any unit or field of protected crop production and any place of production of the susceptible material from which the sample was taken;

(d) a determination by a plant health inspector of the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship;

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

(3) In the case of host plants, other than susceptible material, where the production of susceptible material is identified to be at risk by a plant health inspector, the actions are—

(a) an investigation by a plant health inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC;

(b) the designation by a plant health inspector of host plants from which the sample was taken as contaminated;

(c) a determination of the probable contamination by a plant health inspector;

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

(4) In the case of surface water and associated wild solanaceous host plants where production of susceptible material is identified by a plant health inspector to be at risk through irrigation, spraying or flooding of surface water, the actions are—

(a) an investigation by a plant health inspector to establish the extent of the contamination, which includes an official survey at appropriate times on samples of surface water and, if present, wild solanaceous host plants;

(b) 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.

Commencement Information

I43 Sch. 2 para. 25 in operation at 23.12.2020, see reg. 1

Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot N.I.

26.—(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.

Commencement Information

I44 Sch. 2 para. 26 in operation at 23.12.2020, see reg. 1

Measures which may be required in relation to a contaminated place of production N.I.

27.—(1) A plant health inspector must serve the following notices on any occupier or other person who is in charge of a contaminated place of production which is in a zone demarcated by a plant health inspector under paragraph 25(2)(e)—

(a) in relation to a contaminated field or unit of protected crop production which is part of the place of production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

(b) in relation to a field which is part of the place of production but is not contaminated and, where the inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally-found host plants of Potato brown rot has been eliminated, a notice containing the third set of eradication measures.

(2) The first set of eradication measures is—

(a) the measures to be taken in the field or the unit from the date of receipt of the notice and for at least four growing years from the start of the first growing year so as to eliminate any volunteer potato and tomato plants and other host plants, including solanaceous weeds, of Potato brown rot;

(b) a prohibition on the planting of any of the following in the field or the unit during that period—

(i) potato tubers, plants or true seeds;

(ii) tomato plants or seeds;

(iii) taking into account the biology of Potato brown rot, other host plants or plants of the species Brassica in respect of which there is a risk of Potato brown rot surviving;

(iv) crops in respect of which there is a risk of Potato brown rot spreading;

(c) a requirement that in the first potato or tomato cropping season following that period, only potatoes for ware production be planted in the field or the unit, that the potatoes only be planted if the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of Potato brown rot, for at least two consecutive growing years prior to planting, and that harvested tubers or tomato plants be subjected to official testing using the method set out in Annex 2 to Directive 98/57/EC; and

(d) a requirement that an appropriate rotation cycle be applied in subsequent potato or tomato cropping seasons, which must be at least two years where potatoes are to be planted for seed production.

(3) The second set of eradication measures is—

(a) the measures to be taken in the field or the unit from the date of receipt of the notice and for five growing years from the start of the first growing year so as to eliminate volunteer potato and tomato plants and other naturally-found host plants, including solanaceous weeds, of Potato brown rot;

(b) a requirement that—

(i) during the first three of those growing years, the field or the unit be maintained—

(aa) in bare fallow;

(bb) in cereals, if the inspector is satisfied that there is no risk of Potato brown rot spreading;

(cc) in permanent pasture with frequent close cutting or intensive grazing; or

(dd) as grass for seed production;

(ii) during the fourth and fifth growing years, only non-host plants of Potato brown rot in respect of which there is no risk of Potato brown rot surviving or spreading be planted in the field or the unit; and

(c) a requirement that in the first potato or tomato cropping season following that period only potatoes for seed or ware production be planted, that the potatoes only be planted if the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of Potato brown rot, for at least the two consecutive growing years prior to planting, and that harvested tubers or tomato plants be subjected to official testing using the method set out in Annex 2 to Directive 98/57/EC.

(4) The third set of eradication measures is—

(a) a requirement that from the date of receipt of the notice and for the first growing year no host plants of Potato brown rot be planted or only the following potatoes and tomato plants be planted in the field—

(i) certified seed potatoes for ware production;

(ii) tomato plants grown from seed which meets the requirements of Directive 2000/29/EC, for fruit production;

(b) a requirement that, if potatoes are to be planted in the first subsequent growing year, only the following potatoes be planted for seed or ware production in that year—

(i) certified seed potatoes;

(ii) seed potatoes officially tested for the absence of Potato brown rot and grown under official control at a place of production which is not contaminated;

(c) a requirement that, if tomato plants are to be planted in the first subsequent growing year, only the following tomato plants be planted for plant or fruit production in that year—

(i) tomato plants grown from seed which meets the relevant RNQP requirements;

(ii) if vegetatively propagated, tomato plants grown from seed which meets the relevant RNQP requirements and grown under official supervision at a place of production which is not contaminated;

(d) a requirement, in the case of potatoes, that in the second subsequent growing year and any other subsequent growing year, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production in the field;

(e) a requirement, in the case of tomatoes, that during the second subsequent growing year and any other subsequent growing year, only tomato plants grown from seed which meets the relevant RNQP requirements or, if vegetatively propagated, tomato plants grown from seed which meets the relevant RNQP requirements and grown under official control be planted for plant or fruit production in the field; and

(f) the measures to be taken in the field from the date of receipt of the notice to the end of the growing year specified in the notice so as to eliminate volunteer potato plants, and naturally-found host plants, of Potato brown rot;

(g) official inspections of growing crops at appropriate times and official testing of harvested potatoes in accordance with the method set out in Annex 2 to Directive 98/57/EC.

(5) A notice served by a plant health inspector under sub-paragraph (1)(a) containing the first set of eradication measures must additionally—

(a) include a requirement that all machinery and storage facilities at the place of production which are used for potato or tomato production be cleansed and disinfected immediately and following the first growing year and specify the appropriate methods for cleansing and disinfecting the machinery and storage facilities;

(b) prohibit any irrigation or spraying programme at the place of production or 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.

(6) The measures which may be specified in a notice under sub-paragraph (1) may be included in a notice with other appropriate measures.

(7) The person on whom a notice is served pursuant to sub-paragraph (1) must ensure that the measures specified in the notice are taken in the required manner.

Commencement Information

I45 Sch. 2 para. 27 in operation at 23.12.2020, see reg. 1

Additional measures in relation to units of protected crop production N.I.

28.—(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, tomato plants or seeds or other host plants of Potato brown rot 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 brown rot and to remove all host plants of Potato brown rot 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 of the equipment used on the unit has been cleansed and disinfected to eliminate Potato brown rot and remove all host plant material.

(4) An authorisation under sub-paragraph (2) may—

(a) 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.

Commencement Information

I46 Sch. 2 para. 28 in operation at 23.12.2020, see reg. 1

Measures to be taken in demarcated zones for the control of Potato brown rot N.I.

29.—(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) potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes during the specified period;

(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) Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this paragraph, except where the part which is outside the demarcated zone is not in Northern Ireland.

(6) A notice published in accordance with sub-paragraph (4) is to be treated as having been served on—

(a) any occupier or other person in charge of any premises within the demarcated zone;

(b) any person who—

(i) has a right to use any contaminated surface water;

(ii) has any contaminated surface water on premises within the demarcated zone which the person occupies or is in charge of; and

(iii) any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.

(7) The Department may only specify the measures referred to in sub-paragraph (3) where the zone has been demarcated—

(a) in relation to measures referred to in paragraphs (a) to (d) of that sub-paragraph for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC;

(b) in relation to the measures referred to in paragraphs (e) and (f) of that sub-paragraph for the purposes of Article 5(1)(c)(iii) of Directive 98/57/EC.

(8) The Department must ensure that—

(a) premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by plant health inspectors during the specified period;

(b) an official survey is carried out in accordance with Article 2 of Directive 98/57/EC during the specified period;

(c) a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

(9) For the purposes of sub-paragraphs (3) and (8), the “specified period”, in relation to a zone demarcated pursuant to paragraph 25(3)(d) or (4)(d), must be at least three growing seasons following the year in which the zone was demarcated.

Commencement Information

I47 Sch. 2 para. 29 in operation at 23.12.2020, see reg. 1

PART 7 N.I. Measures relating to Egyptian potatoes

Measures for the purposes of Article 7 of Commission Implementing Decision 2011/787/EC N.I.

30.—(1) In this Part, “Egyptian potatoes” means any tubers of Solanum tuberosum L., originating in Egypt, which are introduced into the Union territory under Commission Implementing Decision 2011/787/EU.

(2) No professional operator may—

(a) move any Egyptian potatoes within Northern Ireland unless they are labelled to indicate that they originate in Egypt;

(b) process, prepare, wash or package any Egyptian potatoes at premises in Northern Ireland other than at premises that the Department has approved in writing for that purpose.

(3) Paragraph (2)(b) does not apply to the packing or preparation of any Egyptian potatoes in a shop, restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed mobile stall) for delivery to the final consumer.

Commencement Information

I48 Sch. 2 para. 30 in operation at 23.12.2020, see reg. 1

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

SCHEDULE 3 N.I. Offences: relevant provisions in the EU Regulations

PART 1 N.I. The EU Plant Health Regulation

Commencement Information

I49 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 territory(7)
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 zone(8).
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 transmitted(9)
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 territories(10).
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 fulfilled(11) -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 fulfilled(12).
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 countries(13).
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 zones(14).
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 fulfilled(15).
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 passport(16).
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 passport(17).
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.

PART 2 N.I. The Official Controls Regulation

Commencement Information

I50 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 market(18)	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 Union(19) 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.

PART 3 N.I. Other EU legislation

Commencement Information

I51 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 destination(20).
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 posts(21)
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 Union(22)
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.

Regulation 41(1)(g)

SCHEDULE 4 N.I. Offences relating to EU emergency decisions

Commencement Information

I52 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).

(1)

Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and last revised in 1997 (Miscellaneous Series No. 15 (2003), Cmd 5945).

(2)

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

(3)

“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).

(4)

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

(5)

O.J. No. L 165, 21.6.2019, p. 4.

(6)

S.R. 2016 No. 190.

(7)

The list of Union quarantine pests is set out in Annex 2 to the Phytosanitary Conditions Regulation.

(8)

The list of protected zones and the respective protective zone pests is set out in Annex 3 to the Phytosanitary Conditions Regulation.

(9)

The list of Union regulated non-quarantine pests and the relevant plants for planting, with categories and thresholds, is set out in Annex 4 to the Phytosanitary Conditions Regulation.

(10)

The list of plants, plant products and other objects and the third countries, groups of third countries or specific areas of third countries to which the prohibition applies is set out in Annex 6 to the Phytosanitary Conditions Regulation.

(11)

The list of plants, plant products and other objects originating from third countries and the corresponding special requirements in relation to their introduction into the Union territory is set out in Annex 7 to the Phytosanitary Conditions Regulation.

(12)

The list of plants, plant products and other objects originating in the Union territory and the corresponding special requirements in relation to their movement within the Union territory is set out in Annex 8 to the Phytosanitary Conditions Regulation.

(13)

The list of high-risk plants, plant products and other objects to which the prohibition applies is set out in Annex 1 to Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation EU 2016/2013 and a list of plants for which phytosanitary certificates are not required for introduction into the Union, within the meaning of Article 73 of that Regulation.

(14)

The list of plants, plant products and other objects for these purposes is set out in Annex 9 to the Phytosanitary Conditions Regulation.

(15)

The list of plants, plant products and other objects for these purposes is set out in Annex 10 to the Phytosanitary Conditions Regulation.

(16)

The list of plants, plant products and other objects for these purposes is set out in Annex 13 to the Phytosanitary Conditions Regulation.

(17)

The list of plants, plant products and other objects for these purposes is set out in Annex 14 to the Phytosanitary Conditions Regulation.

(18)

O.J. No. L 321, 12.12.2019, p. 45.

(19)

O.J. No. 165, 21.6.2019, p. 8.

(20)

O.J. No. 250, 30.9.2019, p. 6.

(21)

O.J. No. L 321, 12.12.2019, p. 64.

(22)

O.J. No. L 321, 12.12.2019, p. 73.