The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

Power to make further derogations

11.—(1) The appropriate authority may by regulations modify Schedule 8 to the Plant Health Regulations.

(2) Regulations under paragraph (1) may, among other things, specify further exemptions and derogations from an import prohibition, an import restriction or a documentary requirement that applies to relevant material originating in a third country.

(3) But regulations may only be made under paragraph (1) where—

(a) an assessment has been carried out that has taken account of available scientific and technical information and any information obtained from investigations carried out by or on behalf of the national plant protection organisation of the United Kingdom in the third country concerned or from the national plant protection organisation of the third country;

(b) the assessment has confirmed that—

(i) in the case of any derogation from an import prohibition, an import restriction or a documentary requirement which is based on the use of a particular treatment or on conditions as to the use of the relevant material, the treatment or those conditions would be sufficient to eliminate any risk to plant health arising from imports of the relevant material; and

(ii) the exemptions or derogations otherwise provide appropriate safeguards to address the risk to plant health arising from imports of the relevant material; and

(c) the assessment has been approved by the Secretary of State and the other responsible authorities.

(4) In this regulation—

“documentary requirement” means a requirement under a relevant Plant Health Order for relevant material to be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export on its entry into the United Kingdom;

“import restriction” means a prohibition under a relevant Plant Health Order which applies to any relevant material specified in column 2 of Part A, C or D of Schedule 4 to the Plant Health Regulations unless the requirements specified in respect of that material in column 3 are met;

“import prohibition” means a prohibition under a relevant Plant Health Order that applies to relevant material specified in Schedule 3 to the Plant Health Regulations.