2022 No. 1120
The Phytosanitary Conditions (Amendment) (No. 3) Regulations 2022
Made
Laid before Parliament
Coming into force in accordance with regulation 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 5(3), 30(1), 37(5), 41(3), 72(3) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants1 and, in accordance with Article 2a(2) of that Regulation2, with the consent of the Welsh Ministers and the Scottish Ministers.
Following risk assessments made in accordance with Articles 5(3), 30(1), 37(5), 41(3) and (3A) and 72(3) of that Regulation3, the Secretary of State has determined that it is appropriate to amend Annexes 24, 2A5, 46 77 and 118 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 plants9.
Citation, commencement and extent1
1
These Regulations may be cited as the Phytosanitary Conditions (Amendment) (No. 3) Regulations 2022 and come into force—
a
on 25th November 2022 as regards the following—
i
this regulation;
ii
regulation 2, in so far as it relates to regulations 3 and 5;
iii
regulation 3;
iv
regulation 5;
b
otherwise, on 3rd May 2023.
2
They extend to England and Wales and Scotland.
Amendments to Commission Implementing Regulation (EU) 2019/20722
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 plants10 (“the Phytosanitary Conditions Regulation”), is amended in accordance with regulations 3 to 7.
Amendments to Annex 2 to the Phytosanitary Conditions Regulation3
1
Annex 2 (list of GB quarantine pests)11 to the Phytosanitary Conditions Regulation is amended as follows.
2
In Part A (pests not known to occur in Great Britain), in Table B (fungi and oomycetes) omit “35A. Thekopsora minima (Arthur) Sydow & P. Sydow [THEKMI]”12.
Amendments to Annex 2A to the Phytosanitary Conditions Regulation4
1
Annex 2A (List of provisional GB quarantine pests) to the Phytosanitary Conditions Regulation13 is amended as follows.
2
In Table A (fungi and oomycetes), after entry 2 insert “2A. Heterobasidion occidentaleOtrosina & Garbelotto [HETEOC]”
.
3
In Table B (insects and mites)14—
a
after entry 1A insert “1B. Anisandrus maiche Stark [ANIDMA]”
;
b
after entry 4B15 insert—
4BA
Chrysodeixis includens (Walker) [PSEPIN]
4BB
Chrysophtharta bimaculata (Olivier) [CPTHBI]
c
after entry 4C16 insert—
4D
Endoclita excrescens Butler [PHAUEX]
4E
Ennomos subsignarius [ENNOSU]
d
after entry 5 insert—
5ZA
Euzophera semifuneralis (Walker) [EUZOSE]
5ZB
Hyalesthes obsoletus Signoret [HYAEOB]
5ZC
Lambdina fiscellaria [LAMBFI]
5ZD
Lepidosaphes ussuriensis Borkhsenius [LEPSUS]
e
after entry 5A17 insert—
5B
Lymantria mathura Fabricius [LYMAMA]
5C
Malacosoma americanum Fabricius [MALAAM]
5D
Malacosoma disstria Hübner [MALADI]
5E
Naupactus xanthographus (Germar) [NAUPXA]
6A
Neodiprion abietis (Harris) [NEODAB]
6B
Orchidophilus spp. Buchanan [ORCHSP]
f
after entry 14 insert—
14A
Trirachys sartus (Solsky) [AELSSA]
Amendments to Annex 4 to the Phytosanitary Conditions Regulation5
In Annex 4 (list of GB regulated non-quarantine pests and their respective plants for planting)20 to the Phytosanitary Conditions Regulation, in Part I (RNQPs concerning fruit propagating material and fruit plants intended for fruit production), under the heading “fungi and oomycetes”, after the entry for Sclerophora pallida Yao & Spooner [SKLPPA] insert—
Thekopsora minima (Arthur) Sydow & P. Sydow [THEKMI]
Vaccinium L.
0%
Amendments to Annex 7 to the Phytosanitary Conditions Regulation6
1
Annex 7 (list of plants, plant products and other objects originating from third countries and the corresponding special requirements for their introduction into Great Britain)21 to the Phytosanitary Conditions Regulation is amended as follows.
2
In Part A (plants, plant products and other objects originating in third countries which may only be introduced into Great Britain if special requirements are met), in the table—
a
in entries 6, 34, 36, 37, 39, 41, 43, 60, 62, 83, 93, 9522, 97 to 99, 101, 102, 103 and 104, in column 2 (origin), in each place where the words occur, omit “other than EU Member States, Liechtenstein and Switzerland”;
b
in entry 5023, column 3 (special requirements)—
i
in the first paragraph, after “area”, in the first place it occurs insert “*”
;
ii
after the first paragraph insert—
*The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.
c
omit entry 85A24.
3
In Part B (plants, plant products and other objects originating in third countries which are subject to emergency measures and may only be introduced into Great Britain if special requirements are met)—
a
in entry 2, column 3 (special requirements), in the paragraph after (d)(iii), after “referred to in (a)” insert “or (b)”
;
b
in entry 4, column 3 (special requirements)—
i
in paragraph (b)(i), after “production” insert “*”
;
ii
in paragraph (d)(i)—
aa
after “site” omit both asterisks;
bb
after “production” insert “*”
;
iii
at the end, insert—
*The name(s) of the place(s) or site(s) of production, as the case may be, must be included in the phytosanitary certificate under the heading “Additional declaration”.
c
in entry 5, column 3 (special requirements)—
i
in paragraph (b)(i), after “production” insert “*”
;
ii
in paragraph (c)(i)—
aa
after “site” omit both asterisks;
bb
after “production” insert “*”
;
iii
at the end insert—
*The name(s) of the place(s) or site(s) of production, as the case may be, must be included in the phytosanitary certificate under the heading “Additional declaration”.
Amendments to Annex 11 to the Phytosanitary Conditions Regulation7
1
Annex 11 (List of plants, plant products and other objects and the respective third countries of origin or dispatch in respect of which phytosanitary certificates are required)25 is amended as follows.
2
In Part A (list of plants, plant products and other objects and the respective third countries of origin or dispatch, which may not be introduced into Great Britain unless they are accompanied by a phytosanitary certificate, as referred to in Article 72(1) of Regulation (EU) 2016/2031), column 1 (Description of plants, plant products or other objects)—
a
in entry 13, for “Dendranthema (DC) Des Moul.” substitute “Chrysanthemum L.”
;
b
in entry 26—
i
for “and” substitute “,”
;
ii
at the end insert “, Pinus L and Pseudotsuga menziesii (Mirbel) Franco”
.
(This note is not part of the Regulations)