The Plant Health (Amendment etc.) (EU Exit) Regulations 2020

Commission Decision 2005/51/EC authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes

45.—(1) Commission Decision 2005/51/EC authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes(1) is amended as follows.

(2) Before Article 1, insert—

“Article A1

In this Decision:

‘contaminated soil’ means:

(a)

soil contaminated by pesticides governed by the programme of the Food and Agriculture Organization of the United Nations on the prevention and disposal of obsolete and unwanted pesticides or any other similar multilateral programme; or

(b)

soil contaminated with persistent organic pollutants listed in the Stockholm Convention on persistent organic pollutants(2) or in the 1998 Protocol to the 1979 Convention on long-range trans-boundary air pollution on persistent organic pollutants(3);

‘dedicated hazardous waste incinerator’ means an incinerator in Great Britain which is officially authorised to treat contaminated soil under retained EU law relating to industrial emissions;

‘Plant Health Regulation’ means Regulation (EU) 2016/2031 on protective measures against pests of plants.”.

(3) In Article 1—

(a) for the first paragraph substitute—

“1.   The competent authorities may authorise the introduction into Great Britain of contaminated soil originating in third countries by way of derogation from:

(a) any prohibition that would otherwise apply to its introduction by virtue of Article 40(1) of the Plant Health Regulation; or

(b) any requirements that would otherwise apply to its introduction by virtue of Article 41(1) of the Plant Health Regulation.”;

(b) number the second paragraph as paragraph 2 and in that paragraph—

(i) for “the Community” substitute “Great Britain”;

(ii) after “2024 and” insert “is”;

(c) number the third subparagraph as paragraph 3;

(d) omit Articles 2 to 5.

(4) In the Annex—

(a) for paragraphs 1 to 6 substitute—

“1.   In this Annex, IMDG Code’ means the 2018 edition of the International Maritime Dangerous Goods Code(4).

2.   The specific conditions are:

(a) the introduction of the contaminated soil is authorised in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste prior to its introduction(5) by the appropriate competent authority within the meaning of that Regulation;

(b) the soil is packaged in sealed drums or bags in compliance with the IMDG Code and transported in sealed shipping containers from the packaging site in the country of origin to the dedicated hazardous waste incinerator treatment site in accordance with the authorisation mentioned in point (a);

(c) the soil is accompanied on its introduction into Great Britain by a phytosanitary certificate issued by the national plant protection organisation in the country of origin which includes under the heading “Additional declaration” the statement: “Authorised under Decision 2005/55/EC”;

(d) the soil is introduced through a point of entry in Great Britain approved by the competent authority;

(e) the soil is transported directly from its point of entry in Great Britain to the dedicated hazardous waste incinerator where it is to be treated.”;

(b) omit paragraph 7.

(1)

EUDN 2005/51.

(2)

Adopted in Stockholm, Sweden on 22nd May 2001 (Treaty series No. 22 (2005), Cm 6581).

(3)

The 1979 Convention on long range trans-boundary air pollution was adopted in Geneva, Switzerland on 13th November 1979 (Treaty series No. 57 (1983), Cmnd 9034); the 1998 Protocol on persistent organic pollutants was adopted in Aarhus, Denmark on 24th June 1998 (Treaty series No. 5 (2006), Cm 6757).

(4)

A copy of this edition of the code may be obtained from IMO Publishing: ISBN: 978-92-801-1683-0 (2018 edition).

(5)

EUR 2006/1013, prospectively amended by S.I. 2019/590.