The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

Regulation 18

SCHEDULE 1 E+W Temporary national measures

Interpretation E+W

[F1 1.   In this Schedule—

“controlled material” means any plant, plant product or other object of a description specified in [F2 paragraph 2(1), 2B(1) or 2C(2)];

“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 England under customs supervision on its journey from one third country to another third country; or

(b)

is being moved through England 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 England 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;

“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;

“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 [F3 2B(1) or 2C(2)], a phytosanitary certificate which complies with the requirements in Article 71(1) and (2) of the EU Plant Health Regulation as modified by paragraph [F4 2C(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 2C(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 England 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.]

Textual Amendments

F1 Sch. 1 para. 1 substituted (21.4.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(6)(a)

F2 Words in Sch. 1 para. 1 substituted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(a)(i)

F3 Words in Sch. 1 para. 1 substituted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(a)(ii)(aa)

F4 Word in Sch. 1 para. 1 substituted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(a)(ii)(bb)

PART 1 E+W Plants, plant products or other objects from third countries

[F5 Temporary measures applying to the introduction of plants, plant products or other objects from third countries] E+W

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.

[F6 (1A) Sub-paragraph (1) is subject to paragraph 2F(1).]

[F7 (2) In paragraph (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.]

F8 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 1 para. 2 heading substituted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(b)(i)

F6 Sch. 1 para. 2(1A) inserted (21.4.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(6)(b)(ii)(aa)

F7 Sch. 1 para. 2(2) inserted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(b)(ii)

F8 Sch. 1 para. 2(2) omitted (21.4.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(6)(b)(ii)(bb)

Commencement Information

I1 Sch. 1 para. 2 in force at 14.1.2020, see reg. 1(1)

F9 2A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 1 para. 2A omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(b)(iii)

[F10 Temporary measures in relation to Candidatus Phytoplasma ulmi E+W

2B.— (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 2F(1).

Textual Amendments

F10 Sch. 1 paras. 2A-2F inserted (21.4.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(6)(b)(iii)

Temporary measures in relation to Agrilus planipennis Fairmaire E+W

2C.— (1) This paragraph applies to plants, plant products or other objects described in columns (2) and (3) of Table A2 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 A2 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 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 A2 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 2F(1).

Table A2

(1)	(2) Description of plants, plant products or other objects	(3) CN code	(4) Details of official statement
(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.
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 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, 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 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 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 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.

Textual Amendments

F10 Sch. 1 paras. 2A-2F inserted (21.4.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(6)(b)(iii)

National measures in relation to Xylella fastidiosa (Wells et al.) E+W

F11 2D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 1 para. 2D omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(b)(iii)

F12 2E.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 1 para. 2E omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(b)(iii)

Exception for controlled material in transit E+W

2F.— (1) Paragraphs [F13 2(1), 2B(1) and 2C(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 England, or is to be transhipped on its arrival in England, 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 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 England 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 England.]

Textual Amendments

F10 Sch. 1 paras. 2A-2F inserted (21.4.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(6)(b)(iii)

F13 Words in Sch. 1 para. 2F(1) substituted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(b)(iv)

PART 2 E+W 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 E+W

3.  In this Part—

“move” means move within England;

“official statement” means a statement issued by, or under the supervision of, an authorised 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

I2 Sch. 1 para. 3 in force at 14.1.2020, see reg. 1(1)

F14 3A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 1 para. 3A omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(c)(i)

4.— [F15 (1) No person may introduce or move any plants, plant products or other objects described in column 2 of Table 1 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.] E+W

F16 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Table 1

(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.	F18 . . .
[F19 4.	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.]
5.	F20 . . .
6.	F21 . . .

(1) The name of the area(s) must be included in the official statement.

(2) Details of the place(s) of production must also be included in the official statement.

Textual Amendments

F15 Sch. 1 para. 4(1) substituted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(c)(ii)(aa)

F16 Sch. 1 para. 4(2) omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(c)(ii)(bb)

F17 Sch. 1 para. 4(3) omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(c)(ii)(bb)

F18 Words in Sch. 1 para. 4 omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(c)(ii)(cc)

F19 Words in Sch. 1 para. 4 inserted (21.4.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(7)(c)

F20 Words in Sch. 1 para. 4 omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(c)(ii)(cc)

F21 Words in Sch. 1 para. 4 omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(4)(c)(ii)(cc)

Commencement Information

I3 Sch. 1 para. 4 in force at 14.1.2020, see reg. 1(1)

[F22 PART 3 E+W Official controls on consignments from third countries

Textual Amendments

F22 Sch. 1 Pt. 3 inserted (21.4.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(8)

5.— (1) In this Part— E+W

“border control post” means a border control post in England 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 an appropriate authority or 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 England and makes the necessary declarations to the appropriate authority;

“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 7(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.

Application of this Part E+W

6.— (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 England.

(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.

Notification and presentation of Schedule 1 consignments E+W

7.— (1) A “plant health entry document” is an entry document, in the form required by an appropriate authority, to be used—

(a) for the prior notification of the arrival of a Schedule 1 consignment at a border control post in England; 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 appropriate authority—

(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 England;

(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 England;

(c) in the case of any other consignment, at least one working day before its expected arrival in England.

(3) In the case of a Schedule 1 consignment which is intended to be transhipped, the appropriate authority 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 appropriate authority 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;

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

Consignments not correctly presented for official controls E+W

8.   Where a plant health inspector suspects or is aware that a consignment which has arrived at a border control post in England is a Schedule 1 consignment and the operator responsible for that consignment has not presented the consignment to the appropriate authority in accordance with paragraph 7(4), the plant health inspector must serve a notice on the operator recalling the consignment and placing the consignment under official detention.

Official controls to be performed on Schedule 1 consignments E+W

9.— (1) The appropriate authority 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 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 England 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 England,

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.

Completion of official controls E+W

10.   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.

Removal of Schedule 1 consignments from border control posts of arrival E+W

11.— (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 12 or 13 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 appropriate authority 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 appropriate authority.

(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.

Measures to be taken on non-compliant Schedule 1 consignments E+W

12.— (1) Where a plant health inspector is of the opinion that a Schedule 1 consignment has been brought into England 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 England;

(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;

(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.

Measures to be taken on Schedule 1 consignments E+W

13.— (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 England or to any other part of the Union territory; and

(b) 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).

Notification of decisions to refuse the entry of a Schedule 1 consignment into England E+W

14.   The appropriate authority must ensure that any decision by a plant health inspector to refuse a Schedule 1 consignment entry into England is immediately notified in writing to—

(a) the Commission;

(b) the competent authorities of other member States;

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

(d) the responsible operator.

Notices under this Part E+W

15.   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 England or to any other part of the Union territory arising from the consignment.]

Regulation 23

SCHEDULE 2 E+W

PART 1 E+W General interpretation

1.  In this Schedule— E+W

“Directive 93/85/EEC” means Council Directive 93/85/EEC on the control of potato ring rot M1 ;

“Directive 98/57/EC” means Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. M2 ;

“Directive 2007/33/EC” means Council Directive 2007/33/EC on the control of potato cyst nematodes M3 ;

“premises” includes any place, including any 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 the bacterium 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 (England) Regulations 2015 M4 .

Commencement Information

I4 Sch. 2 para. 1 in force at 14.1.2020, see reg. 1(1)

Marginal Citations

M1 OJ No. L 259, 18.10.1993, p.1, as amended by Commission Directive 2006/56/EC (OJ No. L 182, 4.7.2006, p.1). It is repealed from 1st January 2022 (see Article 113(2) of Regulation (EU) 2016/2031 (OJ No. L 317, 23.11.2016, p.4)

M2 OJ No. L 235, 21.8.1998, p.1, as amended by Commission Directive 2006/63/EC (OJ No. L 206, 27.7.2006, p.36). It is repealed from 1st January 2022 (see Article 113(2) of Regulation (EU) 2016/2031).

M3 OJ No. L 156, 16.6.2007, p.12. It is repealed from 1st January 2022 (see Article 113(2) of Regulation (EU) 2016/2031).

M4 S.I. 2015/1953.

PART 2 E+W General provisions relating to the planting of certain solanaceous species

General restrictions on the planting of potatoes E+W

2.—(1) A person must not knowingly plant, or knowingly cause or permit to be planted—

(a) any potatoes which have been grown in a third country, other than Switzerland; or

(b) 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; and

(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.

Commencement Information

I5 Sch. 2 para. 2 in force at 14.1.2020, see reg. 1(1)

Restrictions on the planting of potatoes in the protected region E+W

3.—(1) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes in the protected region other than—

(a) potatoes which may be marketed in the protected region under the Seed Potatoes Regulations; or

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

(2) Any person who is involved in the planting of potatoes in the protected region 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.

(3) Sub-paragraphs (1) and (2) do not apply where—

(a) the area to be planted is less than 0.1 of a hectare; or

(b) the area is intended for the production of early potatoes.

[F23 (3A) In sub-paragraphs (1) and (2), “protected region” has the meaning given in regulation 2(1) of the Seed Potatoes (England) Regulations 2015.]

(4) In sub-paragraph (3)(b), “early potatoes” means potatoes which are harvested before they are completely mature and marketed immediately after they have been harvested, and the skins of which can be easily removed without peeling.

Textual Amendments

F23 Sch. 2 para. 3(3A) inserted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(7)(a)

Commencement Information

I6 Sch. 2 para. 3 in force at 14.1.2020, see reg. 1(1)

PART 3 E+W Measures for the control of Potato wart disease

Interpretation E+W

4.—F24 (...) 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.

Textual Amendments

F24 Sch. 2 para. 4 renumbered (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(7)(b)(i)

Commencement Information

I7 Sch. 2 para. 4 in force at 14.1.2020, see reg. 1(1)

Official measures relating to contaminated plots of land E+W

5.—(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 area.

(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

I8 Sch. 2 para. 5 in force at 14.1.2020, see reg. 1(1)

Prohibition on the planting of potatoes on contaminated plots E+W

6.—(1) Where a contaminated plot is demarcated under paragraph 5(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 5(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

I9 Sch. 2 para. 6 in force at 14.1.2020, see reg. 1(1)

Revocation of the demarcation of a contaminated plot E+W

7.  Where a plant health inspector is satisfied that Potato wart disease is no longer present on a plot which was demarcated under paragraph 5(1) or on its associated safety zone, the inspector must revoke that demarcation.

Commencement Information

I10 Sch. 2 para. 7 in force at 14.1.2020, see reg. 1(1)

PART 4 E+W Measures for the control of European populations of Potato cyst nematode

Interpretation E+W

8.  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 melongena L.;

“infested field” means a field which is recorded as infested pursuant to paragraph 10(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

I11 Sch. 2 para. 8 in force at 14.1.2020, see reg. 1(1)

Official investigations and surveys E+W

9.—F25 (...) The Secretary of State 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; and

(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.

Textual Amendments

F25 Sch. 2 para. 9 renumbered (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(7)(b)(Ii)

Commencement Information

I12 Sch. 2 para. 9 in force at 14.1.2020, see reg. 1(1)

Official records of investigations and surveys E+W

10.—(1) The Secretary of State must ensure that the results of each official investigation or official survey carried out pursuant to paragraph 9 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 Secretary of State must ensure that the record is updated accordingly.

Commencement Information

I13 Sch. 2 para. 10 in force at 14.1.2020, see reg. 1(1)

Notices in relation to infested fields and contaminated susceptible material E+W

11.—(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 infested field.

(2) The notice may not be withdrawn until it is confirmed, in accordance with paragraph 10(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 10(1) or any susceptible material which has been in contact with soil in which Potato cyst nematodes have been found.

Commencement Information

I14 Sch. 2 para. 11 in force at 14.1.2020, see reg. 1(1)

Prohibition on the planting of potatoes in infested fields E+W

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

(a) plant any potatoes that are intended for the production of seed 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

I15 Sch. 2 para. 12 in force at 14.1.2020, see reg. 1(1)

Suppression of Potato cyst nematodes E+W

13.—(1) No person may plant any potatoes that are not intended for the production of seed potatoes in an infested field unless authorised to do so by a plant health inspector.

(2) An authorisation under sub-paragraph (1) must be by notice and may only be given if the inspector is satisfied that all reasonable steps to suppress Potato cyst nematodes in the field have been taken in accordance with the official control programme adopted by the Secretary of State for the suppression of Potato cyst nematodes.

Commencement Information

I16 Sch. 2 para. 13 in force at 14.1.2020, see reg. 1(1)

Controls on contaminated seed potatoes etc. E+W

14.—(1) No person may plant any seed potatoes or any host plants which have been designated as contaminated pursuant to paragraph 11(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 host plants.

Commencement Information

I17 Sch. 2 para. 14 in force at 14.1.2020, see reg. 1(1)

Controls on potatoes for industrial processing or grading E+W

15.—(1) No person may move any potatoes which have been designated as contaminated pursuant to paragraph 11(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

I18 Sch. 2 para. 15 in force at 14.1.2020, see reg. 1(1)

Controls on contaminated bulbs etc. E+W

16.  No person may plant any susceptible bulbs or susceptible plants which have been designated as contaminated pursuant to paragraph 11(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

I19 Sch. 2 para. 16 in force at 14.1.2020, see reg. 1(1)

Further investigations for the presence of Potato cyst nematodes E+W

17.  If any suspected occurrence or confirmed presence of Potato cyst nematodes in England 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 Secretary of State must ensure that the species of Potato cyst nematode and, where applicable, the pathotype and virulence group involved are investigated and confirmed by appropriate methods.

Commencement Information

I20 Sch. 2 para. 17 in force at 14.1.2020, see reg. 1(1)

PART 5 E+W Measures for the control of Potato ring rot

Interpretation E+W

18.  In this Part—

“certified seed potatoes” means pre-basic seed potatoes, basic seed potatoes or certified 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 to be 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

I21 Sch. 2 para. 18 in force at 14.1.2020, see reg. 1(1)

Official surveys and testing E+W

19.—(1) The Secretary of State must ensure that systematic official surveys for Potato ring rot are carried out in England 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 Secretary of State 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

I22 Sch. 2 para. 19 in force at 14.1.2020, see reg. 1(1)

Measures to be taken following the confirmation of the presence of Potato ring rot E+W

20.—(1) If the presence of Potato ring rot is confirmed in a sample of susceptible material following official testing carried out pursuant to paragraph 19(2)(a) or sub-paragraph (2), the Secretary of State 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 Secretary of State must ensure that testing is carried out on potato stocks which are clonally related to that susceptible material in the manner specified in paragraph 19(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

I23 Sch. 2 para. 20 in force at 14.1.2020, see reg. 1(1)

Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot E+W

21.—(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 20(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

I24 Sch. 2 para. 21 in force at 14.1.2020, see reg. 1(1)

Measures in relation to a contaminated place of production E+W

22.—(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 but 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 (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 production be cleansed and disinfected immediately and following the first growing year; and

(b) 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 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 Secretary of State 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

I25 Sch. 2 para. 22 in force at 14.1.2020, see reg. 1(1)

Additional measures applicable to a unit of protected crop production E+W

23.—(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

I26 Sch. 2 para. 23 in force at 14.1.2020, see reg. 1(1)

Measures to be taken in demarcated zones for the control of Potato ring rot E+W

24.—(1) This paragraph applies where a plant health inspector has demarcated a zone pursuant to paragraph 20(1)(c).

(2) The Secretary of State 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 Secretary of State 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 England.

(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 Secretary of State 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

I27 Sch. 2 para. 24 in force at 14.1.2020, see reg. 1(1)

PART 6 E+W Measures for the control of Potato brown rot

25.  In this Schedule— E+W

“certified seed potatoes” means pre-basic seed potatoes, basic seed potatoes or certified 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 to be 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 the case of plants for planting produced before 14th December 2019, the requirements that applied to those plants for planting under, or by virtue of, Council Directive 2000/29/EC;

(b)

in the case of plants for planting produced on or after 14th December 2019, the requirements that apply to those plants for planting under, or by virtue of, 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

I28 Sch. 2 para. 25 in force at 14.1.2020, see reg. 1(1)

Official surveys and testing E+W

26.—(1) The Secretary of State must ensure that annual systematic official surveys are carried out in England 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 Secretary of State 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

I29 Sch. 2 para. 26 in force at 14.1.2020, see reg. 1(1)

Measures to be taken following the confirmation of the presence of Potato brown rot E+W

27.—(1) If the presence of Potato brown rot is confirmed following official testing carried out pursuant to paragraph 26(2)(a), the Secretary of State 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 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 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

I30 Sch. 2 para. 27 in force at 14.1.2020, see reg. 1(1)

Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot E+W

28.—(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 27(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

I31 Sch. 2 para. 28 in force at 14.1.2020, see reg. 1(1)

Measures which may be required in relation to a contaminated place of production E+W

29.—(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 27(2)(e)—

(a) in relation to a contaminated field or a 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 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; 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 relevant RNQP requirements 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 supervision 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 production be cleansed and disinfected immediately and following the first growing year;

(b) specify the appropriate methods for cleansing and disinfecting the machinery and storage facilities; and

(c) 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) or (5) may be included in a notice with other appropriate measures.

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

Commencement Information

I32 Sch. 2 para. 29 in force at 14.1.2020, see reg. 1(1)

Additional measures in relation to units of protected crop production E+W

30.—(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 have 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

I33 Sch. 2 para. 30 in force at 14.1.2020, see reg. 1(1)

Measures to be taken in demarcated zones for the control of Potato brown rot E+W

31.—(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 27(3)(d) or (4)(d).

(2) The Secretary of State 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 Secretary of State may, in particular, specify in a notice under 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 potates and the handling of 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 England.

(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 Secretary of State 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 Secretary of State 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 27(3)(d) or (4)(d), must be at least three growing seasons following the year in which the zone was demarcated.

Commencement Information

I34 Sch. 2 para. 31 in force at 14.1.2020, see reg. 1(1)

PART 7 E+W Measures relating to Egyptian potatoes

Measures for the purposes of Article 7 of Commission Implementing Decision 2011/787/EC E+W

32.—(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/EC.

(2) No professional operator may—

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

(b) process, prepare, wash or package any Egyptian potatoes at premises in England other than at premises that the Secretary of State 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 or mobile stall) for delivery to the final consumer.

Commencement Information

I35 Sch. 2 para. 32 in force at 14.1.2020, see reg. 1(1)

Regulation 38(1)(d) to (f)

SCHEDULE 3 E+W Offences: relevant provisions in the EU Regulations

PART 1 E+W The EU Plant Health Regulation

Commencement Information

I36 Sch. 3 Pt. 1 in force at 14.1.2020, see reg. 1(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 M5 .
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) 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 (b) 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) 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; (b) 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: (a) 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 (b) where applicable, proceed with the actions required under Article 14(4) to (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: (a) the presence of a Union quarantine pest, (b) 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 M6 .
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 M7 .
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 M8 .
Article 41(1) (as read with Articles 47 and 48(1) [F26 and paragraphs 2A(2) and 4(1) of Schedule 1])	Prohibits: (a) 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 M9 ; (b) 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 M10 .
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 M11 .
Article 43(1)	Prohibits the introduction into the Union territory of wood packaging material, whether or not 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: (a) the introduction of certain plants, plant products or other objects originating from third countries into certain protected zones; (b) the introduction of certain plants, plant products or other objects originating within the Union territory into certain protected zones M12 .
Article 54(1) (as read with Articles 57 and 58)	Prohibits: (a) 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; (b) 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 M13 .
Article 59	Requires: (a) 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); (b) 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 authorities.
Article 66(1) (as read with Article 65(3))	Requires certain professional operators to submit an application for registration to the competent authorities.
Article 66(5) (as read with Article 65(3))	Requires registered operators, where relevant: (a) 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); (b) 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 [F27 (as read with paragraph 2C(3) 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 M14 .
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 M15 .
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 M16 .
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 M17 .
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 [F28 and [F29 paragraph 4(1)] 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: (a) 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 (b) 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: (a) by any professional operator who is not authorised in accordance with Article 98; or (b) otherwise than in the manner required.
Article 97(1)	Prohibits the repairing of wood packaging material: (a) by any professional operator who is not authorised in accordance with Article 98; or (b) otherwise than in the manner required.

Textual Amendments

F26 Words in Sch. 3 Pt. 1 substituted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(5)(a)

F27 Words in Sch. 3 Pt. 1 substituted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(5)(b)

F28 Words in Sch. 3 Pt. 1 inserted (21.4.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (S.I. 2020/381), regs. 1, 2(9)(c)

F29 Words in Sch. 3 Pt. 1 substituted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(5)(c)

Marginal Citations

M5 The list of Union quarantine pests is set out in Annex 2 to Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants (OJ No. L 319, 10.12.2019, p. 1) (“the Phytosanitary Conditions Regulation”).

M6 The list of protected zones and the respective protected zone pests is set out in Annex 3 to the Phytosanitary Conditions Regulation.

M7 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.

M8 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.

M9 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.

M10 The list of plants, plant products and other objects originating in the Union 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.

M11 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 establishing a provisional list of high risk plants, plant products or other objects, within the meaning of Article 42 of Regulation (EU) 2016/2031 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 (OJ No. L 323, 19.12.2018, p.10).

M12 The list of plants, plant products and other objects for these purposes is set out in Annex 9 to the Phytosanitary Conditions Regulation.

M13 The list of plants, plant products and other objects for these purposes is set out in Annex 10 to the Phytosanitary Conditions Regulation.

M14 The list of plants, plant products and other objects for the purposes of Article 72(1) is set out in Part A of Annex 11 to the Phytosanitary Conditions Regulation. The list of plants, plant products and other objects for the purposes of Article 73(1) is set out in Part B of that Annex, but does not include any plants, plant products and other objects in the list set out in Part C of that Annex.

M15 The list of plants, plant products and other objects for these purposes is set out in Annex 12 to the Phytosanitary Conditions Regulation.

M16 The list of plants, plant products and other objects for these purposes is set out in Annex 13 the Phytosanitary Conditions Regulation.

M17 The list of plants, plant products and other objects for these purposes is set out in Annex 14 to the Phytosanitary Conditions Regulation.

PART 2 E+W The Officials Control Regulation

Commencement Information

I37 Sch. 3 Pt. 2 in force at 14.1.2020, see reg. 1(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 M18 )	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 M19 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.

Marginal Citations

M18 OJ No. L 321, 12.12.2019, p.45.

M19 OJ No. L 165, 21.6.2019, p.8.

PART 3 E+W Other EU legislation

Commencement Information

I38 Sch. 3 Pt. 3 in force at 14.1.2020, see reg. 1(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 M20
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) 2019/2124 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 M21
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 competent authorities.
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.
[F30 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
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]

Textual Amendments

F30 Words in Sch. 3 Pt. 3 inserted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(8)

Marginal Citations

M20 OJ No. L 250, 30.9.2019, p.6.

M21 OJ No. L 321, 12.12.2019, p.73.

Regulation 38(1)(g)

SCHEDULE 4 E+W Offences relating to EU emergency decisions

Commencement Information

I39 Sch. 4 in force at 14.1.2020, see reg. 1(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 14th December 2019 and are moved within the Union territory at any time before 14th 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 14th December 2019 and are moved within the Union territory at any time before 14th 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)
F31 . . .
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 movement within 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 introduction into the Union territory of specified fruits originating in Argentina or Brazil)
F32 . . .
Commission Implementing Decision (EU) 2018/638	Article 3(a) and (b) (requirements in relation to 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 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)
F33 . . .
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)
[F34 Commission Implementing Decision (EU) 2020/1201]	[F35 Article 25(1) and (2) (requirements in relation to the movement within the Union territory of specified plants which have never been grown inside a demarcated area)
	Article 26 (requirements in relation to the movement within the Union territory of pre-basic mother plants or pre-basic material, which have been grown outside a demarcated area)
	Article 27 (requirements in relation to the movement of plants referred to in Articles 19 to 26)
	Article 28 (requirements in relation to the introduction into the Union territory of host plants originating in a third country where the specified pest is known not to be present)
	Article 29 (requirements in relation to the introduction into the Union territory of host plants originating in a pest free area of an infected country)
	Article 30(1) and (2) (requirements in relation to the introduction into the Union territory of host plants originating in a pest free production site of an infected country)]
[F36 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)]

Textual Amendments

F31 Words in Sch. 4 omitted (29.12.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(6)(a)

F32 Words in Sch. 4 omitted (15.10.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(9)(a)(i)

F33 Words in Sch. 4 omitted (15.10.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(9)(a)(ii)

F34 Words in Sch. 4 inserted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(6)(b)(i)

F35 Words in Sch. 4 inserted (29.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1466), regs. 1(2), 2(6)(b)(ii)

F36 Words in Sch. 4 inserted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(9)(b)

Regulation 48A

[F37 SCHEDULE 4A E+W Civil sanctions

Textual Amendments

F37 Sch. 4A inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), reg. 1, Sch.

PART 1 E+W Power to impose civil sanctions

Compliance notice E+W

1.— (1) This paragraph applies where the appropriate authority is satisfied on the balance of probabilities that a person has committed an offence under Part 11 of these Regulations.

(2) The appropriate authority may by notice (a “compliance notice”) impose on that person a requirement to take such steps as the appropriate authority may specify, within such period as it may specify, to secure that the offence does not continue or recur.

(3) A compliance notice may not be imposed on more than one occasion in relation to the same act or omission.

Restoration notice E+W

2.— (1) This paragraph applies where the appropriate authority is satisfied on the balance of probabilities that a person has committed an offence under Part 11 of these Regulations.

(2) The appropriate authority may by notice (a “restoration notice”) impose on that person a requirement to take such steps as the appropriate authority may specify, within such period as it may specify, to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed.

(3) A restoration notice may not be imposed on more than one occasion in relation to the same act or omission.

Imposition of a fixed monetary penalty E+W

3.— (1) This paragraph applies where the appropriate authority is satisfied on the balance of probabilities that a person has committed an offence under Part 11 of these Regulations.

(2) The appropriate authority may by notice impose on that person a requirement to pay a monetary penalty to the appropriate authority of £250 where the person is an individual and £2000 where the person is a body corporate, partnership or unincorporated association (a “fixed monetary penalty”).

(3) A fixed monetary penalty may not be imposed on more than one occasion in relation to the same act or omission.

(4) The appropriate authority may recover any fixed monetary penalty imposed under this paragraph as if payable under an order of the court.

(5) A fixed monetary penalty paid to the appropriate authority under this paragraph must be paid into the Consolidated Fund.

Imposition of a variable monetary penalty E+W

4.— (1) This paragraph applies where the appropriate authority is satisfied on the balance of probabilities that a person has committed an offence under Part 11 of these Regulations.

(2) The appropriate authority may by notice impose on that person a requirement to pay a monetary penalty to the appropriate authority in such amount as it may determine (a “variable monetary penalty”).

(3) A variable monetary penalty may not be imposed on more than one occasion in relation to the same act or omission.

(4) The amount of a variable monetary penalty must not exceed £250,000.

(5) Before serving a notice relating to a variable monetary penalty, the appropriate authority may require the person on whom it is to be served to provide such information as is reasonable to establish the amount of any financial benefit arising as a result of the offence.

(6) The appropriate authority may recover any variable monetary penalty imposed under this paragraph as if payable under an order of the court.

(7) A variable monetary penalty paid to the appropriate authority under this paragraph must be paid into the Consolidated Fund.

Notice of intent E+W

5.— (1) If the appropriate authority proposes to serve on a person a compliance notice, a restoration notice or a notice imposing a fixed or variable monetary penalty under this Part, it must serve on that person a notice of what is proposed (a “notice of intent”).

(2) The notice of intent must include—

(a) the grounds for serving the proposed notice;

(b) the requirements of the proposed notice and, in the case of a penalty, the amount to be paid and how payment may be made;

(c) in the case of a fixed monetary penalty—

(i) a statement that liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was served; and

(ii) information as to the effect of discharging the penalty;

(d) information as to—

(i) the right to make representations and objections within 28 days beginning with the day on which the notice of intent was served; and

(ii) the circumstances in which the appropriate authority may not serve the proposed notice.

Combination of penalties E+W

6.— (1) The appropriate authority may not serve a notice of intent relating to a fixed monetary penalty if, in relation to the same offence—

(a) a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs 1, 2 and 17);

(b) a variable monetary penalty has been imposed on that person (see paragraph 4); or

(c) a third party or enforcement undertaking has been accepted from that person (see paragraphs 9 and 23).

(2) The appropriate authority may not serve a notice of intent relating to a compliance notice, a restoration notice or a variable monetary penalty, or serve a stop notice, on any person if, in relation to the same offence—

(a) a fixed monetary penalty has been imposed on that person; or

(b) that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.

Discharge of liability – fixed monetary penalties E+W

7.   A fixed monetary penalty is discharged if a person on whom a notice of intent is served pays 50% of the amount of the penalty within 28 days beginning with the day on which the notice was served.

Making representations and objections E+W

8.   A person on whom a notice of intent is served may within 28 days beginning with the day on which the notice is served make written representations and objections to the appropriate authority in relation to the proposed service of a compliance notice, restoration notice or notice imposing a fixed or variable monetary penalty.

Third party undertakings E+W

9.— (1) A person on whom a notice of intent relating to a compliance notice, a restoration notice or a variable monetary penalty is served may offer an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any third party affected by the offence (a “third party undertaking”).

(2) The appropriate authority may accept or reject a third party undertaking.

(3) The appropriate authority must take into account any third party undertaking that it accepts in its decision as to whether or not to serve a final notice, and, if it serves a notice imposing a variable monetary penalty, the amount of the penalty.

Final notice E+W

10.— (1) After the end of the period for making representations and objections, the appropriate authority must decide whether to impose the requirements described in the notice of intent, with or without modifications.

(2) Where the appropriate authority decides to impose a requirement, the notice imposing it (the “final notice”) must comply with paragraph 11 (for compliance or restoration notices) or 12 (for fixed or variable monetary penalties).

(3) The appropriate authority may not impose a final notice on a person where it is satisfied that the person would not, by reason of any defence, permit or licence, be liable to be convicted of the offence to which the notice relates.

(4) Where the appropriate authority serves a final notice relating to a fixed monetary penalty in respect of any offence, the appropriate authority may not in relation to that offence serve—

(a) a compliance notice;

(b) a restoration notice;

(c) a notice imposing a variable monetary penalty; or

(d) a stop notice.

(5) This paragraph does not apply to a person who has discharged a fixed monetary penalty in accordance with paragraph 7.

Contents of final notice: compliance and restoration notices E+W

11.   A final notice relating to a compliance notice or a restoration notice must include information as to—

(a) the grounds for serving the notice;

(b) what compliance or restoration is required and the period within which it must be completed;

(c) rights of appeal; and

(d) the consequences of failing to comply with the notice.

Contents of final notice: fixed and variable monetary penalties E+W

12.   A final notice relating to a fixed or variable monetary penalty must include information as to—

(a) the grounds for imposing the penalty;

(b) the amount to be paid;

(c) how payment may be made;

(d) the period within which payment must be made (the “payment period”), which must be not less than 56 days beginning with the day on which the notice is served;

(e) in the case of a fixed monetary penalty, details of the early payment discount (see paragraph 13) and late payment penalties (see paragraph 15(2) and (3));

(f) rights of appeal; and

(g) the consequences of failing to comply with the notice.

Fixed monetary penalty: discount for early payment E+W

13.   If a person who was served with a notice of intent relating to a proposed fixed monetary penalty made representations or objections concerning that notice within the time limit specified in paragraph 8, that person may discharge the final notice by paying 50% of the final penalty within 28 days beginning with the day on which the final notice was served.

Appeals against a final notice E+W

14.— (1) The person on whom a final notice is served may appeal against it.

(2) The grounds for appeal are—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) in the case of a variable monetary penalty, that the amount of the penalty is unreasonable;

(d) in the case of a non-monetary requirement that the nature of the requirement is unreasonable;

(e) that the decision was unreasonable for any other reason;

(f) that the decision was wrong for any other reason.

Fixed monetary penalty: non-payment within the stated payment period E+W

15.— (1) This paragraph applies to a final notice relating to a fixed monetary penalty.

(2) If the final penalty is not paid within the stated payment period, the amount payable is increased by 50%.

(3) In the case of an appeal which is unsuccessful, the penalty is payable within 28 days of the determination of the appeal, and if it is not paid within 28 days, the amount of the penalty is increased by 50%.

Criminal proceedings E+W

16.— (1) If—

(a) a compliance notice or restoration notice is served on any person,

(b) a third party undertaking is accepted from any person,

(c) a notice imposing a variable monetary penalty is served on any person, or

(d) a fixed monetary penalty is served on any person,

that person may not at any time be convicted of an offence under Part 11 of these Regulations in respect of the act or omission giving rise to the compliance notice, restoration notice, third party undertaking, variable monetary penalty or fixed monetary penalty except in a case falling within paragraph (a) or (b) (and not also falling within paragraph (c)) where the person fails to comply with a compliance notice, restoration notice or third party undertaking (as the case may be).

(2) Criminal proceedings for offences to which a notice or third party undertaking in sub-paragraph (1) relates may be instituted at any time up to 6 months from the date on which the appropriate authority notifies the person against whom the proceedings are to be taken that the person has failed to comply with that notice or undertaking.

PART 2 E+W

Stop notices E+W

Stop notices E+W

17.— (1) The appropriate authority may serve a notice (a “stop notice”) on any person prohibiting that person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice.

(2) A stop notice may only be served where—

(a) the person is carrying on the activity or the appropriate authority reasonably believes that the person is likely to carry on the activity;

(b) the appropriate authority reasonably believes that the activity is causing, or is likely to cause, economic or environmental harm, or adverse effects to plant health; and

(c) the appropriate authority reasonably believes that the activity carried on, or likely to be carried on, by that person involves or is likely to involve, the commission of an offence under Part 11 of these Regulations.

(3) The steps referred to in sub-paragraph (1) must be steps to eliminate the risk of the offence being committed.

Contents of a stop notice E+W

18.   A stop notice must include information as to—

(a) the grounds for serving the stop notice;

(b) the activity which is prohibited;

(c) the steps the person must take to comply with the stop notice and the period within which they must be completed;

(d) rights of appeal; and

(e) the consequences of failing to comply with the notice.

Appeals E+W

19.— (1) The person on whom a stop notice is served may appeal against the decision to serve it.

(2) The grounds for appeal are—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable;

(d) that any step specified in the notice is unreasonable;

(e) that the person has not committed the offence and would not have committed it had the stop notice not been served;

(f) that the person would not, by reason of any defence, permit or licence have been liable to be convicted of the offence had the stop notice not been served.

(g) that the decision was wrong for any other reason.

Completion certificates E+W

20.— (1) The appropriate authority must issue a certificate (a “completion certificate”) if, after service of a stop notice, the appropriate authority is satisfied that the person on whom it was served has taken the steps specified in the notice.

(2) A stop notice ceases to have effect on the issue of a completion certificate.

(3) The appropriate authority may require the person on whom the stop notice was served to provide sufficient information to determine that the steps specified in the notice have been taken.

(4) A person on whom a stop notice is served may at any time apply for a completion certificate.

(5) The appropriate authority must decide whether to issue a completion certificate and give written notice of the decision to the applicant (including information as to the right of appeal) within 14 days of the application.

(6) The applicant may appeal against a decision not to issue a completion certification on the grounds that the decision—

(a) was based on an error of fact;

(b) was wrong in law;

(c) was unfair or unreasonable;

(d) was wrong for any other reason.

Compensation E+W

21.— (1) The appropriate authority must compensate a person for loss suffered as the result of the service of the stop notice or the refusal of a completion certificate if that person has suffered loss as a result of the notice or refusal and—

(a) the stop notice is subsequently withdrawn or amended by the appropriate authority because the decision to serve it was unreasonable or any step specified in the notice was unreasonable;

(b) the appropriate authority is in breach of its statutory obligations;

(c) the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable; or

(d) the person successfully appeals the refusal of a completion certificate and the First-tier Tribunal finds that the refusal was unreasonable.

(2) A person may appeal against a decision not to award compensation or the amount of compensation on the grounds that—

(a) the appropriate authority’s decision was unreasonable;

(b) the amount offered was based on incorrect facts; or

(c) the decision was wrong for any other reason.

Offences E+W

22.   If a person on whom a stop notice is served does not comply with it within the time limit specified in the notice, the person is guilty of an offence and liable on summary conviction to a fine.

PART 3 E+W

Enforcement undertakings E+W

Enforcement undertakings E+W

23.   Where the appropriate authority has reasonable grounds to suspect that a person has committed an offence under Part 11 of these Regulations, the appropriate authority may accept a written undertaking (an “enforcement undertaking”) given by that person to take such action as may be specified in the undertaking within such period as may be specified.

Contents of an enforcement undertaking E+W

24.— (1) An enforcement undertaking must specify—

(a) action to be taken by the person to secure that the offence does not continue or recur;

(b) action to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed; or

(c) action (including the payment of a sum of money) to be taken by the person to benefit any person affected by the offence.

(2) It must specify the period within which the action must be completed.

(3) It must include—

(a) a statement that the undertaking is made in accordance with this Schedule;

(b) the terms of the undertaking; and

(c) information as to how and when the person is to be considered to have discharged the undertaking.

(4) The enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if both the appropriate authority and the person who gave the undertaking agree in writing.

Acceptance of an enforcement undertaking E+W

25.— (1) If the appropriate authority has accepted an enforcement undertaking from a person—

(a) that person may not at any time be convicted of the offence in respect of the act or omission to which the undertaking relates; and

(b) the appropriate authority may not serve on that person a compliance notice, restoration notice or stop notice, or impose a fixed or variable monetary penalty on that person, in respect of that act or omission.

(2) Paragraph (1) does not apply if a person who gave the undertaking has failed to comply with it or any part of it.

Discharge of an enforcement undertaking E+W

26.— (1) If the appropriate authority is satisfied that an enforcement undertaking has been complied with, it must issue a certificate (a “discharge certificate”) to that effect.

(2) An enforcement undertaking ceases to have effect on the issue of a discharge certificate.

(3) The appropriate authority may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with.

(4) The person who gave the undertaking may at any time apply for a discharge certificate.

(5) The appropriate authority must decide whether to issue a discharge certificate, and give written notice of the decision to the applicant (including information as to the right of appeal), within 14 days of such an application.

(6) The applicant may appeal against a decision not to issue a discharge certificate on the grounds that the decision—

(a) was based on an error of fact;

(b) was wrong in law;

(c) was unfair or unreasonable;

(d) was wrong for any other reason.

Inaccurate, incomplete or misleading information E+W

27.— (1) A person who has given inaccurate, incomplete or misleading information in relation to an enforcement undertaking is to be regarded as not having complied with it.

(2) The appropriate authority may by notice in writing revoke a discharge certificate issued under paragraph 26 if it was issued on the basis of inaccurate, misleading or incomplete information.

Non-compliance with an enforcement undertaking E+W

28.— (1) If a person does not comply with an enforcement undertaking, the appropriate authority may, in the case of an offence committed under Part 11 of these Regulations—

(a) serve a compliance notice, restoration notice, variable monetary penalty, stop notice or non-compliance penalty; or

(b) bring criminal proceedings.

(2) If a person has complied partly but not fully with an undertaking, that partial compliance must be taken into account in the imposition of any criminal or other sanction on the person.

(3) Criminal proceedings for offences to which an enforcement undertaking relates may be instituted at any time up to 6 months from the date on which the appropriate authority notifies the person that the person has failed to comply with the undertaking.

PART 4 E+W

Non-compliance penalties E+W

Non-compliance penalties E+W

29.— (1) The appropriate authority may serve a notice on a person imposing a monetary penalty (a “non-compliance penalty”) if that person fails to comply with—

(a) a compliance notice, restoration notice or third party undertaking, irrespective of whether a variable monetary penalty was also imposed; or

(b) an enforcement undertaking.

(2) The amount of the non-compliance penalty must be determined by the appropriate authority, and must be a percentage of the costs of fulfilling the remaining requirements of the compliance notice, restoration notice, third party undertaking or enforcement undertaking.

(3) The percentage must be determined by the appropriate authority having regard to all the circumstances of the case and may, if appropriate, be 100%.

(4) The notice must include information as to—

(a) the grounds for imposing the non-compliance penalty;

(b) the amount to be paid;

(c) how payment must be made;

(d) the period in which payment must be made, which must not be less than 28 days beginning with the day on which the notice is served;

(e) rights of appeal;

(f) the consequences of failure to comply with the notice; and

(g) any circumstances in which the appropriate authority may reduce the amount of the penalty.

(5) If the requirements of the compliance notice, restoration notice, third party undertaking or enforcement undertaking are fulfilled before the time specified for payment of the non-compliance penalty, the penalty is not payable.

(6) Following expiry of the specified payment period, the appropriate authority may recover the non-compliance penalty as if payable under an order of the court.

(7) A non-compliance penalty paid to the appropriate authority under this paragraph must be paid into the Consolidated Fund.

Appeals E+W

30.— (1) The person on whom the notice imposing the non-compliance penalty is served may appeal against it.

(2) The grounds of appeal are—

(a) that the decision to serve the notice was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unfair or unreasonable for any reason;

(d) that the amount of the penalty is unreasonable;

(e) that the decision was wrong for another reason.

PART 5 E+W

Withdrawal and amendment of notices E+W

Withdrawing or amending a notice E+W

31.   The appropriate authority may at any time in writing—

(a) withdraw a compliance notice, restoration notice or stop notice, or amend the steps specified in such a notice in order to reduce the amount of work necessary to comply with it;

(b) withdraw a notice imposing a fixed monetary penalty; or

(c) withdraw a notice imposing a variable monetary penalty or a non-compliance penalty, or reduce the amount of the penalty specified in the notice.

PART 6 E+W

Cost recovery E+W

Recovery of enforcement costs E+W

32.— (1) The appropriate authority may serve a cost recovery notice if any of the conditions in sub-paragraph (3) are met.

(2) A cost recovery notice is a notice requiring the person to pay the appropriate authority’s costs.

(3) The conditions are that the appropriate authority has—

(a) imposed on the person a compliance notice under paragraph 1;

(b) imposed on the person a restoration notice under paragraph 2;

(c) imposed on the person a variable monetary penalty under paragraph 4; or

(d) served on the person a stop notice under paragraph 17.

(4) In sub-paragraph (2), the reference to costs is a reference to any costs relating to preparing and serving the compliance notice, restoration notice, variable monetary penalty, or stop notice, as the case may be, and includes a reference to the costs of any related investigation or expert advice (including legal advice).

(5) The cost recovery notice must include information as to—

(a) the amount of the costs which must be paid;

(b) the period in which payment must be paid, which must not be less than 28 days beginning with the day on which the notice is served;

(c) how payment must be made;

(d) the consequences of failing to make payment within the specified payment period; and

(e) rights of appeal.

(6) Following expiry of the specified payment period, the appropriate authority may recover the costs referred to in the cost recovery notice as if payable under an order of the court.

(7) The person on whom the cost recovery notice is served may appeal against it.

(8) The grounds of appeal are—

(a) that the decision to serve the notice was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unfair or unreasonable for any reason;

(d) that the amount of the penalty was unreasonable;

(e) that the decision was wrong for any other reason.

PART 7 E+W

Appeals E+W

Appeals E+W

33.— (1) Any appeal under this Schedule must be made to the First-tier Tribunal.

(2) In any appeal the Tribunal must determine the standard of proof.

(3) An appeal against a notice served under this Schedule (other than a stop notice) suspends the effect of the notice appealed against until the appeal is determined or withdrawn.

(4) The Tribunal may, in relation to the imposition of a requirement or service of a notice—

(a) withdraw the requirement or notice;

(b) confirm the requirement or notice;

(c) vary the requirement or notice;

(d) take such steps as the appropriate authority could take in relation to the act or omission giving rise to the requirement or notice;

(e) remit the decision whether to confirm the requirement or notice, or any other matter relating to that decision, to the appropriate authority.

PART 8 E+W

Guidance and publicity E+W

Guidance as to the use of civil sanctions E+W

34.— (1) The appropriate authority must publish guidance about its use of civil sanctions.

(2) The appropriate authority must revise and update guidance where appropriate.

(3) The appropriate authority must have regard to the guidance or revised and updated guidance in exercising its functions.

(4) In the case of guidance about compliance notices, restoration notices, fixed monetary penalties, variable monetary penalties, stop notices and non-compliance penalties, the guidance must contain information as to—

(a) the circumstances in which the civil sanction is likely to be imposed;

(b) the circumstances in which it is not likely to be imposed;

(c) where relevant, rights to make representations and objections;

(d) rights of appeal; and

(e) in the case of guidance about variable monetary penalties and non-compliance penalties, the matters likely to be taken into account by the appropriate authority in determining the amount of the penalty (including voluntary reporting by a person of their own non-compliance).

(5) In the case of guidance about enforcement undertakings, the guidance must contain information as to—

(a) the circumstances in which the appropriate authority is likely to accept an enforcement undertaking; and

(b) the circumstances in which the appropriate authority is not likely to accept an enforcement undertaking.

Consultation on guidance E+W

35.   The appropriate authority must consult such persons as it considers appropriate before publishing—

(a) any guidance; or

(b) any significant revisions or updates to guidance which has already been published.

Publication of enforcement action E+W

36.— (1) The appropriate authority must publish annually—

(a) the cases in which civil sanctions have been imposed;

(b) where the civil sanction is a compliance notice, a restoration notice or variable monetary penalty, the cases in which a third party undertaking has been accepted;

(c) the cases in which an enforcement undertaking has been accepted.

(2) In sub-paragraph (1)(a), the reference to cases in which civil sanctions have been imposed does not include cases where a sanction has been imposed but overturned on appeal.

(3) This paragraph does not apply in cases where the appropriate authority considers that publication would be inappropriate.]

Regulation 49

SCHEDULE 5 E+W Amendments to secondary legislation relating the marketing of seeds and plant propagating material and plant health fees

PART 1 E+W The Marketing of Vegetable Plant Material Regulations 1995

1.—(1) The Marketing of Vegetable Plant Material Regulations 1995 M22 are amended as follows. E+W

(2) In regulation 8—

(a) in paragraph (2), for “Council Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”;

(b) for paragraph (5) substitute—

“(5) In this regulation, “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.”.

Commencement Information

I40 Sch. 5 para. 1 in force at 14.1.2020, see reg. 1(1)

Marginal Citations

M22 S.I. 1995/2652, amended by S.I. 2007/1449; there are other amending instruments but none is relevant.

PART 2 E+W The Marketing of Ornamental Plant Propagating Material Regulations 1999

2.—(1) The Marketing of Ornamental Plant Propagating Material Regulations 1999 M23 are amended as follows. E+W

(2) In regulation 2(1)—

(a) after the definition of “Directive 98/56/EC” insert—

““the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;”;

(b) omit the definition of “Directive 2000/29/EC”.

(3) In regulation 6A(4), in the definition of “responsible official body”, for the words from “a body” to the end, substitute “ , in relation to England, the Secretary of State ”.

(4) In regulation 7, for paragraph (4) substitute—

“(4) Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1) above.”.

(5) In regulation 8(3)—

(a) for the words from “notifiable” to “Order 2015” substitute “ plant pest of a description specified in Annex 2, 3 or 4 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, ”;

(b) for “article 42 of that Order (notification of the presence or suspected presence of certain plant pests)” substitute “ the EU Plant Health Regulation ”.

(6) In regulation 9(2), for “Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”.

(7) In regulation 12(3), for the words from “if he delivers” to the end substitute “ , in relation to England, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Secretary of State ”.

Commencement Information

I41 Sch. 5 para. 2 in force at 14.1.2020, see reg. 1(1)

Marginal Citations

M23 S.I. 1999/1801; relevant amending instruments are S.I. 2018/575, 974.

PART 3 E+W The Forest Reproductive Material (Great Britain) Regulations 2002

3.—(1) The Forest Reproductive Material (Great Britain) Regulations 2002 M24 are amended as follows. E+W

(2) In regulation 2(2), in the definition of “plant passport”, for “Plant Health (Forestry) Order 2005” substitute “ Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”.

Commencement Information

I42 Sch. 5 para. 3 in force at 14.1.2020, see reg. 1(1)

Marginal Citations

M24 S.I. 2002/3026, amended by S.I. 2014/1833; there are other amending instruments but none is relevant.

PART 4 E+W The Seed Potatoes (England) Regulations 2015

4.—(1) The Seed Potatoes (England) Regulations 2015 M25 are amended as follows. E+W

(2) In regulation 2(1), after the definition of “National Lists Regulations” insert—

““the Official Controls (Plant Health) Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;”.

(3) In regulation 13(9), after “these Regulations” insert “ , Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”.

(4) In Schedule 1—

(a) in paragraph 3(d)—

(i) for “Schedule 13 to the Plant Health (England) Order 2015” substitute “ Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

(ii) for “that Order” substitute “ those Regulations ”;

(b) in paragraph 4(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

(c) in paragraph 7(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

(d) in paragraph 10(1)(b), for “Schedule 14 to the Plant Health (England) Order 2015” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”.

(5) In Schedule 2, in paragraph 10(b), omit “or the Plant Health (England) Order 2015”.

(6) In Schedule 5, in paragraph 3(b)—

(a) for “Schedule 13 to the Plant Health (England) Order 2015” substitute “ Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

(b) for “that Order” substitute “ those Regulations ”.

Commencement Information

I43 Sch. 5 para. 4 in force at 14.1.2020, see reg. 1(1)

Marginal Citations

M25 S.I. 2015/1953.

PART 5 E+W The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

5.—(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 M26 are amended as follows. E+W

(2) In regulation 1A(1)—

(a) in the definition of “approved place of inspection” for “article 3 of the Order” substitute “ regulation 13(10) of the Official Controls (Plant Health) Regulations 2019 ”;

(b) after the definition of “EU Plant Health Regulation” insert—

““FC remedial notice” means a notice served by a plant health inspector under regulation 10 or 15(1) or (2) of the Official Controls (Plant Health) Regulations 2019;”;

(c) for the definition of “licence” substitute—

““licence” means—

(a) a licence referred to in regulation 51(1) of the Official Controls (Plant Health) Regulations 2019 that has been granted by the Forestry Commissioners; or

(b) an authorisation described in regulation 20(1)(a) or (b)(i) or 21(1)(a) of the Official Controls (Plant Health) Regulations 2019 and granted by the Forestry Commissioners;”;

(d) after the definition of “licence”, insert—

““the Official Controls (Plant Health) Regulations 2019” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;”;

(e) for the definition of “Phytosanitary Conditions Regulation” substitute—

““Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants;”;

(f) after the definition of “Phytosanitary Conditions Regulation” insert—

““plant health inspector” means an official plant health officer appointed by the Forestry Commissioners for the purposes of the Official Controls (Plant Health) Regulations 2019;”;

(g) in the definition of “plant passport authority”, at the end insert “ and granted by the Forestry Commissioners ”;

(h) omit the definition of “the Order”;

(i) omit the definition of “remedial notice”;

(j) in the definition of “remedial work”, for “remedial notice, or by an inspector under article 32(1) of the Order” substitute “ FC remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 ”;

(k) in the definition of “WPM authorisation”, at the end insert “ and granted by the Forestry Commissioners ”.

(3) In regulation 3—

(a) omit paragraph (6);

(b) at the end insert—

“(6A) The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.”.

Commencement Information

I44 Sch. 5 para. 5 in force at 14.1.2020, see reg. 1(1)

Marginal Citations

M26 S.I. 2015/350, amended by S.I. 2019/734, 1488.

PART 6 E+W The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

6.—(1) The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 M27 are amended as follows. E+W

(2) In regulation 3(1), omit the definition of “Directive 2000/29/EC”.

(3) Omit regulation 10(6).

(4) In regulation 11(7), for the words from “plant trader” to “2015” substitute “ professional operator for the purposes of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants ”.

(5) In regulation 15(1)(g), for paragraph (iii) substitute—

“(iii) a plant pest of a description specified in Annex 2, 3 or 4 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants”.

Commencement Information

I45 Sch. 5 para. 6 in force at 14.1.2020, see reg. 1(1)

Marginal Citations

M27 S.I. 2017/595.

Regulation 50

SCHEDULE 6 E+W Revocation of instruments

Commencement Information

I46 Sch. 6 in force at 14.1.2020, see reg. 1(1)

Instrument	Reference
The Potatoes Originating in Egypt (England) Regulations 2004	S.I. 2004/1165
The Plant Health (Export Certification) (England) Order 2004	S.I. 2004/1404
The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004	S.I. 2004/1684
The Plant Health (Forestry) Order 2005	S.I. 2005/2517
The Plant Health (Export Certification) (England) (Amendment) Order 2005	S.I. 2005/3480
The Plant Health (Wood Packaging Material Marking) Order 2006	S.I. 2006/2695
The Plant Health (Forestry) (Amendment) Order 2006	S.I. 2006/2696
The Plant Health (Forestry) (Amendment) Order 2008	S.I. 2008/644
The Plant Health (Forestry) (Amendment) Order 2009	S.I. 2009/594
The Plant Health (Forestry) (Amendment) (No.2) Order 2009	S.I. 2009/3020
The Plant Health (Miscellaneous Amendments) (England) Regulations 2012	S.I. 2012/697
The Plant Health (Forestry) (Amendment) Order 2012	S.I. 2012/2707
The Plant Health (Export Certification) (England) (Amendment) Order 2013	S.I. 2013/572
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013	S.I. 2013/2691
The Plant Health (Export Certification) (England) (Amendment) Order 2014	S.I. 2014/609
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014	S.I. 2014/2420
The Plant Health (Export Certification) (England) (Amendment) Order 2015	S.I. 2015/382
The Plant Health (England) Order 2015	S.I. 2015/610
The Plant Health (England) (Amendment) Order 2015	S.I. 2015/1827
The Plant Health (England) (Amendment) Order 2016	S.I. 2016/104
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016	S.I. 2016/1167
The Plant Health (England) (Amendment) Order 2017	S.I. 2017/8
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2017	S.I. 2017/1178
The Plant Health (England) (Amendment) (No.2) Order 2017	S.I. 2017/1220
The Plant Health (England) (Amendment) Order 2018	S.I. 2018/71
The Plant Health (Export Certification) (England) (Amendment) Order 2018	S.I. 2018/286
The Plant Health (England) (Amendment) (No.2) Order 2018	S.I. 2018/320
The Plant Health (England) (Amendment) (No.3) Order 2018	S.I. 2018/910
The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2018	S.I. 2018/1048
The Plant Health (England) (Amendment) (No.4) Order 2018	S.I. 2018/1051
The Plant Health (England) (Amendment) (No.5) Order 2018	S.I. 2018/1136
The Plant Health (England) (Amendment) Order 2019	S.I. 2019/1070
The Plant Health (Forestry (Amendment) (England) Order 2019	S.I. 2019/1075
The Plant Health (Amendment) (England) Order 2019	S.I. 2019/1128