The Plant Health (England) Order 2015

Prohibitions on the introduction of plant pests and relevant material from the European Union E+W

19.—(1) No person may introduce any of the following plant pests and relevant material into England from another part of the European Union—

(a) any plant pest of a description specified in Part A or B of Schedule 1;

(b) any relevant material of a description specified in column 2 of Schedule 2 which is carrying or infected with a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of Schedule 2;

(c) any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;

(d) any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in the entry in respect of that description of relevant material in column 3 of Schedule 3;

(e) any relevant material of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part A of Schedule 4 are complied with;

(f) any relevant material of a description specified in column 2 of Part B of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part B of Schedule 4 are complied with;

(g) any relevant material of a description specified in column 2 of Part C of Schedule 4, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part C of Schedule 4 are complied with.

(2) No person may introduce any plant pest of the description specified in column 1 of Part C of Schedule 1 into the protected zone specified in column 2 of that Part from another part of the European Union.

(3) Paragraphs (1) and (2) apply to the specified plant pests and relevant material whether they originate in another part of the European Union or a third country.

(4) But paragraph (1) does not apply to any relevant material of a description specified in column 2 of Part A or C of Schedule 4 to which Part 2 applies.

(5) Paragraph (1)(e) and (f) does not apply to any relevant material which is prohibited from being introduced into England under paragraph (1)(d).

[F1 (6) No person may bring any of the following potatoes into England unless written notification of the matters referred to in paragraph (7) is provided to an inspector at least two days prior to the intended date of their arrival—

(a) seed potatoes grown or suspected to have been grown in another member State or in Switzerland; or

(b) potatoes, other than seed potatoes, grown or suspected to have been grown in Poland, Portugal, Romania or any part of Spain which is within the European Union.

(7) The matters are—

(a) the intended time and date of their arrival;

(b) their intended use;

(c) their intended destination;

(d) their variety and quantity; and

(e) the identification number of the producer of the potatoes.

[F2 (7A) In the case of notifiable citrus fruits, the person who is introducing the fruits into the European Union via a point of entry in another part of the European Union must provide written notification to the Secretary of State at the specified address, prior to their arrival at that point of entry, of—

(a) the expected date of their introduction into the European Union;

(b) their point of entry into the European Union;

(c) their volume;

(d) the identification numbers of their containers;

(e) the names, addresses and the locations of the premises in England at which they are to be processed.]

(8) Paragraphs (1)(e), (f) and (g) and (6) are subject to article 22.]

[F3 (9) In this article—

“notifiable citrus fruits” means citrus fruits for processing F4 ... which are to be introduced into the European Union via a point of entry in another member State and processed into juice in England;

“specified address” means the address given by the Secretary of State from time to time for the purposes of paragraph (7A).]

Textual Amendments

F1 Art. 19(6)-(8) substituted for art. 19(6)-(9) (24.2.2016) by The Plant Health (England) (Amendment) Order 2016 (S.I. 2016/104), arts. 1, 4

F2 Art. 19(7A) inserted (6.2.2017) by The Plant Health (England) (Amendment) Order 2017 (S.I. 2017/8), arts. 1, 7(a)

F3 Art. 19(9) inserted (6.2.2017) by The Plant Health (England) (Amendment) Order 2017 (S.I. 2017/8), arts. 1, 7(b)

F4 Words in art. 19(9) omitted (1.4.2018) by virtue of The Plant Health (England) (Amendment) (No. 2) Order 2018 (S.I. 2018/320), arts. 1, 5