PART 3Amendment of the Plant Health (Forestry) Order 2005: exiting the European Union

7

The Plant Health (Forestry) Order 20058 is amended as follows.

8

In article 2—

a

in paragraph (1)—

i

at the appropriate places insert—

  • “appropriate UK plant health authority” means—

    1. a

      in relation to timber and forest pests in England, the Forestry Commissioners;

    2. b

      otherwise in relation to England, the Secretary of State;

    3. c

      in relation to Wales, the Welsh Ministers;

    4. d

      in relation to Scotland, the Scottish Ministers;

    5. e

      in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

  • “the list of controlled material” means Schedule 6 to the Plant Health Regulations;

  • “the list of pest free area controlled material” means Schedule 7 to the Plant Health Regulations;

  • “the list of prohibited infested material” means Schedule 2 to the Plant Health Regulations;

  • “the list of prohibited material” means Schedule 3 to the Plant Health Regulations;

  • “the list of prohibited plant pests” means Schedule 1 to the Plant Health Regulations;

  • “the list of regulated material” means Schedule 4 to the Plant Health Regulations;

  • “pest free area” means that part of a UK pest free area that is in England or, where the UK pest free area includes two or more separate parts of England, each such part;

  • “the Plant Health Regulations” means the Plant Health (EU Exit) Regulations 20199;

  • “regulated tree pest” means—

    1. a

      a tree pest of a description specified in Part A, B or D of the list of prohibited plant pests;

    2. b

      a tree pest of a description specified in Part C of the list of prohibited plant pests which relates to a pest free area;

    3. c

      a tree pest of a description specified in column 3 of Part A, B or D of the list of prohibited infested material;

    4. d

      a tree pest of a description specified in column 3 of Part C of the list of prohibited infested material which relates to a pest free area;

  • “UK pest free area” means an area in the United Kingdom which has been established as a pest free area in accordance with ISPMNo. 4;

  • “UK plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Part A or B of Schedule 9, issued by or with the authority of the appropriate UK plant health authority, and includes any replacement of such a passport;

  • “UK territory” means England, Wales, Scotland or Northern Ireland;

ii

omit the definitions of “area of plant health control” and “associated controlled dunnage”;

iii

in the definition of “authorised officer” for paragraphs (a) to (c) substitute—

a

in relation to a UK plant passport, an inspector acting under the authority of the appropriate UK plant health authority; or

b

in relation to a phytosanitary certificate or phytosanitary certificate for re-export, an authorised representative of, or a public officer acting under, the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued

iv

omit the definition of “bark-free”;

v

for the definition of “consignment”, substitute—

  • “consignment” means a quantity of goods covered by a single document required for customs or other formalities;

vi

omit the definition of “debarked”;

vii

omit the definitions from “Decision 2002/757/EC” to “Decision (EU) 2015/893”;

viii

omit the definitions of “the Directive”, “dunnage”, “EC transit goods”, “Euro-Mediterranean area” and “Europe”;

ix

in the definition of “European Union”, omit “including the Isle of Man and the Channel Islands”;

x

omit the definition of “fruit”;

xi

in the definition of “importer”, for “landing” substitute “consignment”;

xii

omit the definitions of “isolated bark” and “landed”;

xiii

for the definition of “lot” substitute—

  • “lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin, which form part of a consignment;

xiv

in the definition of “national plant protection organisation”, for “European Commission”, substitute “national plant protection organisation of the United Kingdom”;

xv

omit the definition of “North America”;

xvi

in the definition of “official”, for “responsible official body” substitute “ appropriate UK plant health authority,”;

xvii

omit the definitions of “official body of destination”, “official body of point of entry” and “official documentation”;

xviii

in the definition of “official label”, for the words from “responsible” to the end substitute “appropriate UK plant health authority”;

xix

in the definition of “official statement”, for “plant passport” substitute “UK plant passport”;

xx

omit the definition of “the OPM protected zone”;

xxi

in the definitions of “phytosanitary certificate” and “phytosanitary certificate for re-export” for “articles 7 and” substitute “article”;

xxii

omit the definitions of “plant health check”, “plant health movement document” and “plant passport”;

xxiii

for the definition of “planting” substitute—

  • “planting” means any operation for the placing of plants to ensure their subsequent growth, reproduction or propagation;

xxiv

omit the definition of “protected zone”;

xxv

omit the definition of “Regulation (EC) No 690/2008”;

xxvi

omit the definitions of “responsible official body” and “round wood”;

xxvii

omit the definitions of “solid fuel wood” and “Swiss plant passport”;

xxviii

in the definition of “third country”, for “European Union”, substitute “United Kingdom”;

xxix

omit the definition of “tree or shrub in tissue culture”;

xxx

omit the definition of “the USA”;

b

omit paragraph (2);

c

omit paragraph (3A);

d

omit paragraph (5);

e

at the end insert—

6

As regards England, words and expressions which are not defined in this Order and which appear in the Plant Health Regulations have the same meaning in this Order as they have in the Plant Health Regulations.

9

In article 2A—

a

in paragraph (1)(a), omit “England or”;

b

after paragraph (1) insert—

1A

The functions of an inspector under articles 9, 10A, 12, 12A, 13, 23 and 31(1) to (3) are exercisable in relation to tree pests and relevant material which are brought into a point of entry that is located in England, by an inspector authorised by the Commissioners. 

c

in paragraph (3)(a), omit “England or”;

d

after paragraph (3) insert—

3A

The functions of an inspector under articles 31(4) to (7), 32, 40 and 41A are exercisable in relation to premises or a free zone in England, by an inspector authorised by the Commissioners.

10

In article 3—

a

at the appropriate places insert—

  • “correct phytosanitary certificate”, in relation to notifiable relevant material, means a phytosanitary certificate or phytosanitary for re-export which has been issued—

    1. a

      in the manner specified in article 7(2) to (5); and

    2. b

      in respect of the relevant prescribed requirements;

  • “designated area of plant health control”, in relation to notifiable relevant material, means a place close to a point of entry which has been designated as an area of plant health control by the Commissioners and the Commissioners for Her Majesty’s Revenue and Customs;

  • “EU transit material” means any notifiable relevant material from a third country, other than a country or territory in the European Union, which is consigned to the United Kingdom via the European Union and which was not, on its entry into the European Union, subject to—

    1. a

      the formalities described in Article 13a of Directive 2000/29/EC10; or

    2. b

      to other similar official controls under Regulation (EU) 2017/625 of the European Parliament and of the Council, as it has effect in EU law11;

  • “notifiable relevant material” means any relevant material—

    1. a

      of a description specified in Schedule 5 to the Plant Health Regulations;

    2. b

      of a description specified in Schedule 7 to the Plant Health Regulations, originating in a third country;

  • “notified EU material” means any notifiable relevant material originating in the European Union or Switzerland which is intended to be, or has been, consigned to the United Kingdom from the European Union or Switzerland via a point of entry in England and whose arrival in England has been notified to the Commissioners in accordance with article 6(A1);

  • “point of entry” means—

    1. a

      in the case of relevant material which arrives by air, the airport at which the material first arrives in the United Kingdom;

    2. b

      in the case of relevant material which arrives by maritime or fluvial transport, the port at which the material first arrives in the United Kingdom;

    3. c

      in the case of relevant material which arrives by rail, the rail freight terminal at which the material first arrives in the United Kingdom;

    4. d

      in the case of relevant material which arrives by road, the initial destination of the material after its arrival in the United Kingdom;

  • “prescribed requirements”, in relation to any notifiable relevant material, means—

    1. a

      the requirements specified in respect of the material in article 5; or

    2. b

      in the case of any material which is destined for a UK pest free area which includes Northern Ireland, but not England, the requirements specified in respect of that material in article 4 of Plant Health (Wood and Bark) Order (Northern Ireland) 200612 or article 5 of the Plant Health Order (Northern Ireland) 201813;

  • “relevant Plant Health Order” means—

    1. a

      in relation to relevant material destined for England, the Plant Health (England) Order 2015 or this Order in its application to England;

    2. b

      in relation to relevant material destined for Wales, the Plant Health (Wales) Order 201814 or this Order in its application to Wales;

    3. c

      in relation to relevant material destined for Scotland, the Plant Health (Scotland) Order 200515 or this Order in its application to Scotland;

    4. d

      in relation to relevant material destined for Northern Ireland, the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 200516, the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 or the Plant Health Order (Northern Ireland) 2018;

  • “trade documents” in relation to a consignment of notifiable relevant material, means the invoice, delivery note, consignment note or similar document which accompanies the consignment;

b

for “approved place of inspection” substitute—

  • “approved place of inspection”, as regards England, means a place which has been approved by the Commissioners under article 17A or, in relation to other UK territories, by the appropriate UK plant health authority under equivalent provisions of the relevant Plant Health Order;

c

omit the definitions of “Customs Code” and “customs document”;

d

omit the definitions of “identity check” and “industry certificate”.

11

Omit article 4.

12

After article 4 insert—

Application of Part 2: England4A

This Part applies to plant pests and relevant material which are brought into England from a third country, whether directly or via another UK territory.

13

In article 5—

a

in the heading for “landing” substitute “bringing in”;

b

at the beginning insert—

A1

No person may bring any of the following into England—

a

any tree pest of a description specified in Part A, B or D of the list of prohibited plant pests;

b

any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a tree pest of a description specified in the corresponding entry in respect of that description of relevant material in column 3;

c

any tree pest which, although not specified in Part A, B or D of the list of prohibited plant pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

d

any relevant material of a description specified in column 2 of Part A or B of the list of prohibited material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3;

e

any relevant material of a description specified in column 2 of Part A or D of the list of regulated material, unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

f

in the case of any relevant material which is destined for a pest free area, any tree pest of a description specified in column 2 of Part C of the list of prohibited plant pests which relates to that pest free area;

g

in the case of any relevant material which is destined for a pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of Part C of that list which is carrying or infested with a tree pest of a description specified in the corresponding entry in column 3;

h

in the case of any relevant material which is destined for a pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that Part, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.

c

omit paragraphs (1) and (1A);

d

in paragraph (2), after “paragraph” insert “(A1)(d) or”;

e

after paragraph (2) insert—

3

The prohibitions in paragraph (A1)(d) do not apply to relevant material which enters a point of entry that is located in another UK territory and is discharged in that territory in accordance with article 3 of the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005, article 11 of the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 or article 12 of any other relevant Plant Health Order.

14

In article 6—

a

in the heading, for “landing” substitute “arrival”;

b

at the beginning insert—

A1

No person may bring any notifiable relevant material into a point of entry that is located in England, unless notice is given in accordance with this article.

c

omit paragraphs (1) and (2);

d

in paragraph (3)—

i

in the words before sub-paragraph (a), after “paragraph” insert “(A1) or”;

ii

in the words after sub-paragraph (b), for “the relevant material is landed” substitute “its arrival”;

e

in paragraph (4), after “paragraph” insert “(A1) or”;

f

in paragraph (5)—

i

after “paragraph”, in the first place it occurs, insert “(A1) or”;

ii

for “landing” substitute “arrival”.

15

After article 6 insert—

EU transit material: England6A

1

No person may bring any EU transit material into a RoRo port that is located in England, unless that material is destined for a single approved place of inspection.

2

Paragraph (1) is subject to article 8(A1).

3

In this article, “RoRo port” means—

a

a RoRo listed location within the meaning of regulation 130 of the Customs (Import Duty) (EU Exit) Regulations 201817; or

b

if a notice has not been published pursuant to regulation 130(1) of those Regulations, a point of entry that—

i

predominantly services roll-on/roll-off ferries operating between England and a member State or Channel Tunnel freight; and

ii

is listed in a notice published by the Secretary of State from time to time.

16

In article 7—

a

at the beginning insert—

A1

Subject to article 8 and to paragraph (6), no person may bring any notifiable relevant material into a point of entry that is located in England unless the material is accompanied by one of following certificates which certifies that the material meets the prescribed requirements—

a

a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned;

b

where paragraph (2) applies, by a phytosanitary certificate for re-export.

b

omit paragraph (1);

c

omit paragraph (4);

d

in paragraph (6)—

i

in the words before sub-paragraph (a), for “paragraph (1) does” substitute “paragraph (A1) and paragraph (1) do”;

ii

in sub-paragraph (a), for “landed in” substitute “brought into”;

iii

in sub-paragraph (b)—

aa

for “landed in” substitute “brought into”;

bb

for “European Union” substitute “United Kingdom”;

e

omit paragraph (7).

17

In article 8—

a

at the beginning insert—

A1

The prohibitions on landing relevant material in article 5(1A)(e) and (h), the requirement in article 6(A1), 6A(1) and the requirements of article 7 do not apply to any trees or wood described in paragraph (2) which are brought into England in the baggage of a passenger or other traveller coming from a third country, other than a country or territory in the European Union or Switzerland, if the trees or wood—

a

do not show any signs of the presence of any tree pest;

b

are not intended for use in the course of a trade or business;

c

are intended for household use; and

d

have been grown in and consigned from the Euro-Mediterranean area.

b

omit paragraph (1);

c

in paragraph (2), in the words before sub-paragraph (a), after “paragraph” insert “(A1) or”.

18

In article 9—

a

at the beginning insert—

A1

The following documents must be delivered to an inspector by the importer of a consignment of notifiable relevant material within three days of the date of its arrival in England—

a

any phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7(A1) to accompany the consignment of notifiable relevant material; and

b

in the case of notified EU material, the trade documents which accompany the consignment.

B1

The importer of a consignment of notifiable relevant material must include in a customs document relating to the consignment—

a

a statement that “this consignment contains produce of phytosanitary relevance”;

b

the reference number of the phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7(A1) to accompany the consignment; and

c

the registration number of the importer.

b

omit paragraphs (1) and (2);

c

after paragraph (3) insert—

4

Paragraph (A1) does not apply to any notifiable relevant material which is in the course of its consignment to an approved place of inspection in another UK territory.

5

In article (B1), “customs document” means a document required by the Commissioners for Her Majesty’s Revenue and Customs for placing relevant material under a Customs procedure within the meaning of section 3(3) of the Taxation (Cross-border Trade) Act 201818.

19

Omit article 10.

20

After article 10 insert—

Prohibitions applying to notifiable relevant material on entry: England10A

1

This article applies to notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in England.

2

No person may move any notifiable relevant material or cause any notifiable relevant material to be moved from its point of entry unless the material is being moved to a designated area of plant health control or an approved place of inspection.

3

No person may remove or cause any notifiable relevant material to be removed from its point of entry, or where the material is moved to a designated area of plant health control or an approved place of inspection in England, the designated area of plant health control or approved place of inspection, unless an inspector has discharged the material under article 12 or the removal of the material is permitted under Part 6.

4

Any notifiable relevant material which is being held at a point of entry or a designated area of plant health control under paragraph (3) must be stored by the importer under the supervision and in accordance with the instructions of an inspector.

5

The importer is liable for the costs of storing the notifiable relevant material pending its release.

21

In article 11—

a

in the words before sub-paragraph (a), after “The” insert “prohibitions imposed by article 10A and the”;

b

in sub-paragraph (c), for “European Union” substitute “United Kingdom”.

22

In article 12—

a

at the beginning insert—

A1

Paragraph (B1) applies to any notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in England and is not in the course of its consignment to an approved place of inspection in another UK territory.

B1

An inspector may discharge notifiable relevant material from its point of entry, designated area of plant health control or approved place of inspection in England if the inspector is satisfied that—

a

the material meets the prescribed requirements;

b

the relevant material corresponds with the description given to it in the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on entry; and

c

the relevant material is accompanied by the correct phytosanitary certificate.

b

omit paragraphs (1) and (2);

c

in paragraph (3), after “the matters” insert “in paragraph (B1)(a) or”;

d

omit paragraph (4);

e

after paragraph (4) insert—

4A

An inspector may, for the purpose of being satisfied as to matters in paragraph (B1)(b), carry out an examination of a consignment of relevant material to determine whether it corresponds to its description in the documents that accompany it.

f

omit paragraphs (5) and (6);

g

in paragraph (7)—

i

in the words before sub-paragraph (a), after “referred to” insert “in paragraph (B1)(c) or”;

ii

in sub-paragraph (a), for the words from “the date” to the end substitute “date it”;

iii

omit sub-paragraph (b) and the preceding “; and”;

h

in paragraph (8)—

i

for “a plant health check” substitute “an examination under paragraph (3)”;

ii

for “checks” substitute “examination”.

23

After article 12 insert—

Requirements applicable to notified EU material: England12A

1

This article applies to notified EU material which is brought into a point of entry that is located in England.

2

An inspector must carry out an examination of—

a

the phytosanitary certificate or phytosanitary certificate for re-export which accompanied a consignment of notified EU material to confirm that the consignment is accompanied by the correct phytosanitary certificate; and

b

the trade documents that accompany the consignment to confirm that those documents correspond to the description of the relevant material in the phytosanitary certificate or phytosanitary certificate for re-export.

24

In article 14(1), for the words from “under customs” to the end substitute “subject to the control of an officer of Revenue and Customs within the meaning of Schedule 1 to the Taxation (Cross-border Trade) Act 2018”.

25

In article 15—

a

omit paragraph (2);

b

in paragraph (3)—

i

in sub-paragraph (a), omit “the responsible official body or”;

ii

in sub-paragraph (b), for “one of the official languages of the European Union”, substitute “English”;

iii

omit sub-paragraph (c);

iv

in sub-paragraph (d), for “Plant Protection Organisations of the Member States of the European Union”, substitute “the Plant Protection Organisation of the United Kingdom”;

c

omit paragraph (4);

d

after paragraph (4) insert—

4A

Where in relation to any relevant material of a description specified in column 2 of Part A, C or D of the list of regulated material, more than one set of entry requirements is specified in the corresponding entry in column 3 of Part A, C or D of that list, the phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of that description must specify under the heading “Additional declaration” which particular requirement has been complied with.

26

Omit article 16.

27

After article 16 insert—

Requirements to be met by relevant material destined for an approved place of inspection: England16A

1

This article applies to notifiable relevant material, other than notified EU material, which is destined for an approved place of inspection.

2

Any relevant material to which this article applies may not be moved within England unless—

a

it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry into the United Kingdom;

b

its packaging and the vehicle in which it is transported is sealed in such a way that there is no risk of the relevant material causing infestation, infection or contamination or a change occurring in the identity of the material or, where the material is destined for an approved place of inspection in England, its movement has been otherwise authorised by the Commissioners.

3

The importer of any relevant material which is destined for an approved place of inspection in England must give the Commissioners notice of the following particulars no later than three working days before the material is brought into the United Kingdom—

a

the name, address and location of the approved place of inspection to which the relevant material is destined;

b

the scheduled date and time of arrival of the relevant material at the approved place of inspection;

c

the name, address and registration number of the importer;

d

the reference number of the phytosanitary certificate or phytosanitary certificate for re-export accompanying the relevant material.

4

The importer must notify the Commissioners immediately of any changes to the particulars which the importer has given under paragraph (3).

5

The notice must be given to the Commissioners at the address given by the Commissioners for the purposes of this article.

28

Omit article 17.

29

After article 17 insert—

Approved places of inspection: England17A

1

The Commissioners may approve premises which are not located at a point of entry or are not part of a designated area of plant health control as a place at which appropriate checks may be carried out by an inspector in respect of notifiable relevant material, other than notified EU material.

2

An application for approval under paragraph (1) may be made to the Commissioners by an importer or other person responsible for those premises in such form and containing such information as the Commissioners may specify.

3

An approval may be granted subject to conditions, including conditions relating to the storage of the relevant material and may be withdrawn at any time if the Commissioners no longer consider that the premises to which the approval relates are suitable for the purpose for which the approval was given.

4

The Commissioners may only approve premises as an approved place of inspection in respect of notifiable relevant material, other than EU transit material, if the premises have been designated or approved by the Commissioners for Her Majesty’s Revenue and Customs for that purpose.

5

In the case of any other premises, the Commissioners may only approve those premises as an approved place of inspection for the purpose of carrying out appropriate checks in respect of EU transit material.

6

in this article, “appropriate checks”, in relation to a consignment of notifiable relevant material, means—

a

an examination of the phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment to determine whether it is the correct phytosanitary certificate;

b

an examination of the consignment to determine whether it corresponds to its description in the trade documents that accompany it;

c

an examination of the consignment and its packaging, and where necessary, the vehicle transporting the consignment to determine whether it meets the prescribed requirements.

30

In Part 3, in the heading, omit “Community”.

31

Omit articles 18 and 19.

32

After article 19 insert—

Prevention of the spread of tree pests: England19A

1

This article applies to England.

2

No person may knowingly keep, store, sell, plant or move or knowingly cause or permit to be kept, stored, sold, planted, moved—

a

any tree pest of a description specified in Part A, B or D of the list of prohibited plant pests;

b

any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a plant pest of a description specified in the corresponding entry in column 3;

c

any tree pest which, although not specified in Part A, B or D of the list of prohibited plant pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

d

any relevant material of a description specified in column 2 of Part E of the list of regulated material which originates in the United Kingdom unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

e

any relevant material originating in a third country which is brought into England in contravention of article 5(A1)(d) or (e).

3

No person may knowingly keep, store, plant, sell or move within a pest free area or knowingly cause or permit to be kept, stored, planted, sold or moved within such an area—

a

any tree pest of a description specified in column 2 of Part C of the list of prohibited plant pests which relates to the pest free area;

b

in the case of any pest free area which is, or is included in, a UK pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which is carrying or infested with a tree pest of a description specified in the corresponding entry in column 2;

c

any relevant material originating in a third country which is brought into a pest free area in contravention of article 5(A1)(h);

d

in the case of any pest free area which is, or is included in, a UK pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that Part which originates in the United Kingdom, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.

4

The prohibitions in paragraphs (2) and (3) do not apply to any tree pest or relevant material which is required to be kept, stored or moved in compliance with a requirement imposed by an inspector under Part 6 or 7.

5

In this article, “move” means “move or otherwise dispose of”, and “moved” is to be construed accordingly.

33

Omit article 20.

34

After article 20 insert—

Requirements for UK plant passports: England20A

1

No person may move any of the following relevant material into or within England unless it is accompanied by a UK plant passport—

a

any relevant material of a description specified in the list of controlled material which originates in the United Kingdom;

b

any relevant material that has been discharged under article 12 and is of a description specified in the list of controlled material.

2

No person may move any of the following relevant material into or within a pest free area unless it is accompanied by a UK plant passport which is valid for that pest free area or the UK pest free area of which it is a part—

a

any relevant material of a description, specified in the list of pest free area controlled material in respect of the relevant UK pest free area, which originates in the United Kingdom;

b

any relevant material that has been discharged under article 12 and is of a description specified in the list of pest free area controlled material in respect of the relevant UK pest free area.

3

No person may consign from England to another UK territory any of the following relevant material originating in England unless it is accompanied by a UK plant passport—

a

in the case of relevant material destined for Northern Ireland or Wales, any relevant material of a description specified in the list of controlled material;

b

in the case of relevant material destined for a place in Northern Ireland or Wales which is within in a UK pest free area, any relevant material of a description, specified in the list of pest free area controlled material in respect of that UK pest free area;

c

in the case of relevant material destined for Scotland, any relevant material of a description specified in Part A of Schedule 6 to the Plant Health (Forestry) Order 2005;

d

in the case of relevant material destined for a place in Scotland which is within in a UK pest free area, any relevant material of a description specified in Part B of Schedule 6 to the Plant Health (Forestry) Order 2005 in respect of that UK pest free area.

4

In the case of any relevant material originating in a place of production in England, a UK plant passport may only be issued in respect of that material if the material has been subjected to a satisfactory inspection at the place of production.

5

The requirements in paragraphs (1)(b) and (2)(b) do not apply to any notified EU material moving from its point of entry to its first destination in the United Kingdom if it is accompanied by a copy of the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on its entry into the United Kingdom.

35

In article 21—

a

in paragraph (1)—

i

omit “prohibitions on landing in article 18(1)(e), (f) and (g) and (3) and the”;

ii

after “plant passport” insert “or, as regards England, article 20A(1)(a), (2)(a) and (3)”;

b

omit paragraph (2A).

36

Omit article 22.

37

After article 22 insert—

Validity of UK plant passports: England22A

1

This article applies to relevant material of a description specified in the list of pest free area controlled material which relates to a pest free area and which is moved through a pest free area to a destination outside the relevant UK pest free area.

2

The requirements in article 20A(2) do not apply if the relevant material—

a

originates outside the relevant UK pest free area;

b

is accompanied during its transit through the pest free area by a document of a type normally used for trade purposes which certifies that the material originates outside the relevant UK pest free area and is in transit to a final destination outside the relevant UK pest free area and the conditions in paragraph (3) are met.

3

The conditions are that—

a

the packaging in which the relevant material is transported and any vehicle which is used to transport the material is free from soil and plant debris and any relevant tree pest;

b

the material was sealed immediately after packaging or, where appropriate, after loading, and remains sealed during its journey through the relevant UK pest free area;

c

the nature or construction of the packaging in which the material is transported and any vehicle which is used to transport the material are sufficient to ensure that there is no risk of any relevant tree pest which may be present in or on the relevant material escaping.

4

In this article—

a

“relevant UK pest free area”, in relation to any relevant material of a description specified in the list of pest free area controlled material, means the pest free area which is, or is part of, the UK pest free area that has been designated in respect of that material;

b

“relevant tree pest”, in relation to a UK pest free area, means the tree pest in respect of which the UK pest free area has been designated.

38

In article 23—

a

in the heading, for “plant passports” substitute “UK plant passports”;

b

in paragraphs (1) to (4), for “plant passport”, in each place it occurs, substitute “UK plant passport”;

c

in paragraph (4)(b)(ii), at the end insert “or, as regards England, a regulated tree pest”.

39

In Part 4, in the heading, for “PLANT PASSPORTS” substitute “UK PLANT PASSPORTS”.

40

In article 24, omit paragraph (4).

41

In article 28—

a

in the heading and paragraphs (1), (4), (5) and (6), for “plant passports”, in each place it occurs, substitute “UK plant passports”;

b

in paragraph (7), omit the “or” after sub-paragraph (a) and after sub-paragraph (b) insert—

;

c

as regards England, a regulated tree pest

42

Omit Part 5.

43

In article 30—

a

in paragraph (1)(b), for “plant passport” substitute “UK plant passport”;

b

in paragraph (7), omit “, including representatives of the European Commission,”.

44

After article 30 insert—

Emergency measures: England30A

1

Where a regulated tree pest is found to be present in England, the Commissioners may by notice—

a

demarcate an area in relation to that infestation for the purpose of eradicating or containing that tree pest; and

b

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

2

A notice under paragraph (1)—

a

must be in writing,

b

must describe the extent of the demarcated area,

c

must specify the date on which any such prohibitions or restrictions are to commence,

d

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

e

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

45

In article 31—

a

in paragraph (1) , for “landed” substitute “brought into a point of entry located”;

b

in paragraph (2)—

i

in sub-paragraph (a), for “landed” substitute “ brought into the point of entry”;

ii

in sub-paragraph (b). for “landed” substitute “brought in”;

c

in paragraph (3)—

i

in sub-paragraph (a), for “landing” substitute “bringing in”;

ii

in sub-paragraph (b)—

aa

for “the landing is to be carried out” substitute “any tree pest or relevant material is to be brought in”;

bb

for “to the landing” substitute “to its entry”;

d

in paragraph (5)—

i

in sub-paragraph (a), at the end insert “or, as regards England, a regulated tree pest”;

ii

omit sub-paragraph (c) and the preceding “and”;

e

in paragraph (6)(b)—

i

omit “or 18”;

ii

at the end insert “or, as regards England, article 19A”.

46

In article 32—

a

in paragraph (2)(a), at the end insert “or, as regards England, a regulated tree pest”;

b

in paragraph (4), omit “, including representatives of the European Commission,”.

47

In article 36(2), omit “, including representatives of the European Commission,”.

48

In article 38—

a

in paragraph (1)—

i

for “landed,” substitute “imported into or”;

ii

before sub-paragraph (a) insert—

za

in the case of any licence granted by the Commissioners, in exercise of any derogation permitted by Schedule 8 to the Plant Health Regulations

b

in paragraph (2), for “(1)(b)” substitute “(1)”;

c

omit paragraph (3).

49

In article 39—

a

in the heading, omit the words “permitted by Directive 2008/61/EC”;

b

at the beginning insert—

A1

The Commissioners must by licence authorise the importation, movement or keeping of any tree pest or relevant material for any activity for trial or scientific purposes or for work on varietal selections in England, where the importation, movement or keeping of the tree pest or relevant material for any such purpose would otherwise be prohibited by this Order, if the Commissioners—

a

have received an application for a licence containing the information set out in Part A of Schedule 13A; and

b

are satisfied that the general conditions set out in Part B of Schedule 13A are met in relation to the application.

B1

A licence granted under paragraph (A1) must be in writing and include—

a

the conditions specified in Part C of Schedule 13A which are relevant to any tree pest or relevant material that is the subject of the activities to which the licence relates;

b

any other conditions as the Commissioners may determine in relation to licence quarantine measures that are appropriate in respect of those activities.

c

omit paragraphs (1) and (2);

d

in paragraph (3), after “condition under” insert “paragraph (B1)(b) or”;

e

in paragraph (4), after “granted under” insert “paragraph (A1) or”;

f

in paragraph (5), after “this Order” insert “or, as regards England, any regulated tree pest”;

g

omit paragraph (6);

h

in paragraph (7)—

i

after sub-paragraph (a) insert—

ab

“licence quarantine measures”, as regards England, means the measures specified in Part D of Schedule 13A

ii

omit sub-paragraph (b).

50

In article 40—

a

omit paragraph (2);

b

after paragraph (2) insert—

2A

In paragraph (1), “notifiable tree pest”, as regards England, means a regulated tree pest or any other tree pest, which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain.

51

Omit article 41.

52

After article 41 insert—

Notification of the likely entry into, or presence in, a free zone of tree pests or relevant material: England41A

1

The responsible authority for a free zone in England who knows or suspects that any of the following is likely to be brought into the free zone, or is present in the free zone and has not been cleared out of charge, must immediately give notice of that fact to the Commissioners or an inspector—

a

any regulated tree pest;

b

any other tree pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

c

any relevant material of a description specified in column 2 of Part A or B of the list of prohibited material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3.

2

Where a person gives notice in accordance with paragraph (1) orally, the person must confirm it in writing as soon as reasonably practicable.

3

In this article, “responsible authority” and “free zone” have the same meaning as in the Customs Act.

53

In article 42—

a

in paragraph (2)(b)—

i

in paragraph (i), at the end insert “or, as regards England, any regulated tree pest”;

ii

in paragraph (ii), at the end insert “or, as regards England, any tree pest, other than a regulated tree pest, which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain”;

b

in paragraph (4), after “certificates,” insert “UK”.

54

In article 43(1)—

a

in sub-paragraph (a)—

i

before paragraph (i) insert—

zi

article 6(A1);

ii

after paragraph (i) insert—

ia

article 6A;

iii

after paragraph (iii) insert—

iiia

article 10A(2) or (3);

iv

after paragraph (iv) insert—

iva

article 16A(2), (3) or (4);

v

after paragraph (v) insert—

va

article 19A(2) or (3);

vi

after paragraph (vi) insert—

via

article 20A(1), (2) or (3);

b

in sub-paragraph (b) for “or”, in the third place it occurs, substitute “a prohibition or restriction in a notice published or a provision or condition of a”.

55

After article 45 insert—

Transitional provision: UK plant passports45A

1

An authorisation to issue plant passports which has been granted and has effect immediately before exit day in relation to England continues to apply after exit day as if it were an authorisation to issue UK plant passports.

2

In the case of any plant passport that has been issued in respect of any relevant material before exit day for the purposes of the movement of that material in England which takes place before and after exit day, the plant passport is to be treated as if it were a UK plant passport and references to a UK plant passport are to be construed accordingly.

56

Omit Schedules 1 to 8.

57

In Schedule 9—

a

in the heading, for “plant passports” substitute “UK plant passports;

b

in paragraphs 1 and 2, for “plant passport”, in both places it occurs, substitute “UK plant passport”;

c

in paragraph 3, for “plant passports”, in both places it occurs, substitute “UK plant passports”;

d

in paragraph 4—

i

in the words before sub-paragraph (a), for “plant passport” substitute “UK plant passport”;

ii

for the words in sub-paragraph (a), substitute “in English”;

e

in paragraphs 5 and 6, for “plant passport”, in both places it occurs, substitute “UK plant passport”;

f

in paragraph 7—

i

for the words in sub-paragraph (a) substitute “the title ‘UK plant passport’”;

ii

omit sub-paragraph (b);

iii

in sub-paragraph (c), for the words from “responsible” to the end substitute “appropriate UK plant health authority”;

iv

in sub-paragraphs (d) to (g), for “plant passport”, in each place it occurs, substitute “UK plant passport”;

v

in sub-paragraph (h)—

aa

for “protected zone”, in both places it occurs, substitute “UK pest free area”;

bb

for “ZP” substitute “PFA”;

vi

in sub-paragraph (i), for “plant passport”, in each place it occurs, substitute “UK plant passport”.

58

In Schedule 12, in Part A—

a

in paragraph 1, omit “, other than solid fuel wood, ”;

b

omit paragraph 2;

c

omit Part C.

59

Omit Schedule 13.

60

After Schedule 13, insert—

SCHEDULE 13ALicences for trial or scientific purposes or for work on varietal selections

Article 39

1

In this Schedule, “specified activity” means any activity for trial or scientific purposes or for work on varietal selections.

PART AInformation to be included in an application for a scientific licence

2

The name and address of the person responsible for the proposed specified activity.

3

The following details in relation to the relevant material and plant pests to be used in the specified activity—

a

their scientific name or names;

b

the type of relevant material;

c

the quantity of relevant material;

d

the place of origin of the relevant material;

e

the place at which the relevant material is to be first stored or planted after its official release (where relevant);

f

the proposed method of destruction or treatment of the relevant material on completion of the specified activity (where relevant);

g

in the case of any relevant material or plant pest which is to be imported from a third country, its proposed point of entry into the United Kingdom.

4

In the case of any relevant material to be used in the specified activity, appropriate documentary evidence to confirm its place of origin.

5

The duration, nature and objectives of the proposed specified activity, including a summary and a specification of the work to be conducted.

6

The address and description of the specific site or sites at which the proposed specified activity is to be carried out.

PART BGeneral conditions to be met in relation to an application for a scientific licence

7

The nature and objectives of the specified activity comply with the concept of trial or scientific purposes or for work on varietal selections.

8

The premises and the facilities at the site or sites at which the specified activity is to be carried out meet any relevant quarantine containment conditions.

9

The personnel carrying out the specified activity have appropriate scientific and technical qualifications.

PART CLicence conditions relating to any plant pest or relevant material to be used in a specified activity

10

For the purposes of article 39(B1)(a), the conditions are that—

a

in the case of any relevant material, the material is accompanied on its entry into the United Kingdom by a letter of authority which has been issued by the relevant national plant protection organisation on the basis of appropriate documentary evidence as regards the place of origin of the material;

b

in the case of any relevant material of a description specified in Schedule 5 to the Plant Health Regulations, the material is, wherever possible, accompanied on its entry into the United Kingdom, by a phytosanitary certificate issued in the country of origin which—

i

confirms that the material is free from any regulated plant pest, other than any plant pest whose importation is authorised by the licence;

ii

includes the statement under the heading ‘Additional declaration’, ‘This material is imported under Article 39 of the Plant Health (Forestry) Order 2005’; and

iii

includes the name of any authorised plant pest; and

c

the relevant material is held under quarantine containment conditions and on arrival is directly and immediately moved to the site or sites specified in the licence.

PART DLicence quarantine measures

11

The licence quarantine measures are—

a

in the case of the premises, facilities and working procedures which relate to the specified activity:

i

the physical isolation of any plant pests or relevant material being used in the specified activity from all other plant pest and relevant material, including the control of vegetation in surrounding areas, where appropriate;

ii

the designation of a contact person responsible for the specified activity;

iii

the implementation of restrictions on access to the premises and facilities being used in relation to the specified activity and, where appropriate, to the area surrounding those premises and facilities, to named personnel only;

iv

the appropriate identification of the premises and facilities being used, indicating the type of activities and the personnel responsible;

v

the maintenance of a register of the activities performed and a manual of operating procedures, including procedures in the event of an escape of plant pests from containment;

vi

the maintenance of appropriate security and alarm systems; and

vii

the implementation of—

aa

appropriate control measures to prevent the introduction into and the spread of plant pests within the premises being used;

bb

controlled procedures for sampling, and for the transfer of any relevant material between the premises and facilities being used;

cc

controls for the disposal of waste, soil and water, as appropriate;

dd

appropriate hygiene and disinfection procedures and facilities for personnel, structures and equipment;

ee

appropriate measures and facilities for the disposal of experimental material;

ff

appropriate indexing (including testing) facilities and procedures; and

b

other appropriate quarantine measures according to the specific biology and epidemiology of the type of material involved and the activities approved, including—

i

the maintenance of facilities accessible to authorised personnel via a separate room with two interlocking doors;

ii

the maintenance of facilities under negative air pressure,

iii

the use of escape-proof containers with appropriate mesh size and other barriers;

iv

the maintenance of the material in isolation from other plant pests and material;

v

the maintenance of any material for breeding in breeding cages with manipulation devices;

vi

the prohibition on any interbreeding of the plant pest with indigenous strains or species;

vii

the implementation of controls on the continuous culture of the plant pest;

viii

the maintenance of the plant pest under conditions that strictly control the multiplication of the plant pest;

ix

the implementation of procedures to check the purity of cultures of the plant pest for freedom from parasites and other plant pests;

x

the implementation of appropriate control programmes in respect of the material to eliminate possible vectors;

xi

in the case of in vitro activities, the implementation of controls on the handling of the material under sterile conditions;

xii

the maintenance of the plant pest in conditions to ensure that it cannot spread via any vector; and

xiii

the seasonal isolation of the material to ensure that the activities are done during periods of low plant health risk.