The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022

Annual review and modification of the frequency rate of physical checks and identity checks E+W+S

4.—(1) The appropriate authority must annually review the frequency rates determined pursuant to regulation 3(2), and, following the review, may increase or decrease any such frequency rate if it considers it appropriate to do so having regard to information of a kind specified in regulation 3(4).

(2) The competent authority may (without prejudice to paragraph (1)) at any time increase the frequency rate of a physical check of plants, plant products or other objects of a particular kind if it considers—

(a) that the plant, plant product or other object of the kind in question poses a serious risk of a plant pest establishing or spreading in view of—

(i) a new threat of a plant pest from a particular third country; or

(ii) frequent interceptions of a controlled plant pest on a plant, plant product or other object of the kind in question from a particular third country; or

(b) that the increased frequency rate is appropriate in view of—

(i) information collected by the appropriate authority in accordance with Article 125(1) of the Official Controls Regulation; or

(ii) the outcome of controls performed in accordance with Article 120(1) of the Official Controls Regulation by experts appointed by the appropriate authority.

(3) Where the risk, information or outcome of controls referred to in paragraph (2) no longer justifies the increased frequency rate applied under that paragraph, the competent authority must reduce the frequency rates of physical checks and identity checks to the frequency rates determined pursuant to regulation 3(2) [F1 or regulation 3(2A), as applicable] in relation to plants, plant products or other objects of the kind in question.

(4) In this regulation—

“the competent authority” means—

(a)

in relation to England, the competent authority designated pursuant to regulation 6(1) and (2) of the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019(1);

(b)

in relation to Scotland, the competent authority designated pursuant to regulation 5(1) of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019(2) and (where an arrangement has been made under regulation 5(2) of those Regulations), the Forestry Commissioners;

(c)

in relation to Wales, the competent authority designated pursuant to regulation 6(1) of the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020(3);

“controlled plant pest” means—

(d)

a plant pest of a description specified in Annex 2, 2A, 3 or 4 to the Commission Regulation; or

(e)

a plant pest subject to any of the plant health rules, including a potential quarantine plant pest;

“potential quarantine plant pest” means a plant pest which is not a GB quarantine pest or a provisional GB quarantine pest within the meaning respectively given in Article 2(32) and (40) of the Plant Health Regulation, but in relation to which the appropriate authority considers—

(f)

the criteria set out in subsection 1 of section 3 of Annex 1 to that Regulation are met; or

(g)

there is a material risk, on the basis of an assessment of available scientific information and other evidence, and pending further information or assessments relating to the pest, that the criteria set out in subsection 2 of that section are met.

Textual Amendments

F1 Words in reg. 4(3) inserted (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 12(3)

Commencement Information

I1 Reg. 4 in force at 22.7.2022, see reg. 1(1)

(1)

S.I. 2019/1517, amended by S.I. 2020/1482; there are other amending instruments but none is relevant.

(2)

S.S.I 2019/421, relevant amending instruments are S.S.I. 2020/176 and 466.

(3)

S.I. 2020/206 (W. 48), amended by S.I. 2020/1628.