This Statutory Instrument has been printed to correct errors in S.I. 2022/1020 and S.I. 2020/1527 and is being issued free of charge to all known recipients of those Statutory Instruments.
2023 No. 497
Plant Health
The Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023
Made at 10.38 a.m. on 2nd May 2023
Laid before Parliament at 4.30 p.m. on 2nd May 2023
Coming into force 24th May 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 8(5), 17(1), 28(1) and (4), 37(5), 48(5), 105(6) of, and Annex 2 to, Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants.
EUR 2016/2031; relevant amending instruments are S.I. 2020/1482 and 2022/1367.
In accordance with Article 2a(2) of that Regulation, the Secretary of State makes these Regulations with the consent of the Welsh Ministers and the Scottish Ministers.
Article 2a(2) of EUR 2016/2031 contains a definition of “the appropriate authority” for the purposes of exercising any power to make regulations under that Regulation and provides that, in the case of regulations applying in relation to Wales or Scotland, the appropriate authority is the Secretary of State if consent is given by the Welsh Ministers or the Scottish Ministers, as the case may be.
In accordance with Article 28(2) of that Regulation, the Secretary of State has concluded, on the basis of surveys, that eradication of the GB quarantine pest, Thaumetopoea processionea L., in a demarcated area is not possible.
Article 28(2) was substituted by S.I. 2020/1482.
Following a risk assessment made in accordance with Article 37(5) of that Regulation, the Secretary of State has determined that it is appropriate to amend Annex 5 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.
Article 37(5) was substituted by S.I. 2020/1482.
Annex 5, Part F was substituted by S.I. 2020/1527.
EUR 2019/2072, amended by S.I. 2020/1527; there are other amending instruments but none is relevant.

PART 1 INTRODUCTION

1 Citation, commencement, extent and application
1 These Regulations may be cited as the Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023.
2 These Regulations come into force on 24th May 2023.
3 Parts 1 and 2 extend to England and Wales, and Scotland.
4 Part 3 extends to England and Wales but applies in relation to England only.

PART 2 AMENDMENT OF PLANT HEALTH LEGISLATION

2 Amendment of Commission Delegated Regulation (EU) 2019/829
1 Commission Delegated Regulation (EU) 2019/829 supplementing Regulation (EU) 2016/2031 on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding is amended as follows.
EUR 2019/829, amended by S.I. 2020/1482, 2022/1020.
2 In Annex 1, in paragraph 1, in point (d), after “(including country)” insert “of the laboratory or institution from which the material originated”.

3 Amendment to Commission Implementing Regulation (EU) 2019/2072
1 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 is amended as follows.
EUR 2019/2072, amended by S.I. 2020/1527; there are other amending instruments but none is relevant.
2 In Annex 5, in Part F (measures to prevent the presence of RNQPS on seed potatoes), for the second table substitute—

“(1) RNQPs or symptoms caused by RNQPs	(2) Plants for planting (genus or species)	(3) Thresholds for the growing plants for pre-basic seed potatoes		(4) Thresholds for the growing plants for basic seed potatoes	(5) Thresholds for the growing plants for certified seed potatoes
		PBTC	PB		
Blackleg (Dickeya Samson et al. spp. [1DICKG]; Pectobacterium Waldee emend. Hauben et al. spp. [1PECBG])	Solanum tuberosum L.	0%	0%	1%	4%
Candidatus Liberibacter solanacearum Liefting et al. [LIBEPS]	Solanum tuberosum L.	0%	0%	0%	0%
Mosaic symptoms caused by viruses and symptoms caused by Potato leaf roll virus [PLRV00]	Solanum tuberosum L.	0%	0.1%	0.8%	6%
Potato spindle tuber viroid [PSTVD0]	Solanum tuberosum L.	0%	0%	0%	0%
(1) Additional restrictions concerning the planting of seed potatoes are provided for in S.S.I. 2006/319, 2015/395, S.I. 2015/1953, 2016/106 (W. 52), 2019/1517, S.S.I. 2019/421, S.I. 2020/206 (W. 48).					”

.
Annex 5, Part F was substituted by S.I. 2020/1527.

PART 3 DEMARCATED AREA FOR CONTROL OF THAUMETOPOEA PROCESSIONEA L.

4 Interpretation
1 In this Part—
“appropriate phytosanitary treatments” means efficient chemical, biological or mechanical treatment for the containment of the specified GB quarantine pest, taking into account local conditions and in accordance with the guidance entitled “Guidance on the application of Plant Protection Products for phytosanitary treatment of oak processionary moth” dated 17th April 2023 by the national plant protection organisation of the United Kingdom;
“the buffer zone” means the area surrounding the infested zone and made up of the areas of the local authorities and local authority wards which are listed in the Schedule as forming part of the buffer zone;
“the demarcated area” means the area made up of the infested zone and the buffer zone, being the area established for the containment of the specified GB quarantine pest;
“high-risk oak trees” means plants for planting, other than fruits and seeds, of Quercus L. of a girth of at least 8 centimetres measured at a height of 1.2 metres from the root collar;
“the infested zone” means the area made up of the areas of the local authorities and local authority wards where the specified GB quarantine pest is established which are listed in the Schedule as forming part of the infested zone;
“the Official Controls Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;
“Plant Health Management Standard” means the Plant Health Management Standard version 1.2 released on the 1st July 2022 by Plant Healthy Limited;
“plant health inspector” has the meaning given in regulation 2 of the Official Controls Regulations;
“the Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
“premises” has the meaning given in regulation 14(2) of the Official Controls Regulations;
“professional operator” has the meaning given in Article 2(9) of the Plant Health Regulation;
“the specified GB quarantine pest” means Thaumetopoea processionea L..
The guidance “Guidance on the application of Plant Protection Products for phytosanitary treatment of oak processionary moth” is published on the Gov.UK website for the Department for Environment, Food and Rural Affairs. That Guidance is within the page entitled “Managing Oak Processionary Moth in England”. A copy of this guidance can be made available by the local Plant Health and Seed Inspector or the Plant Health Seed Inspectorate by email: planthealth.info@apha.gov.uk.
S.I. 2019/1517, amended by S.I. 2020/1482; there are other amending instruments but none is relevant.
https://planthealthy.org.uk/assets/images/Plant-Health-Management-Standard-V1.2.pdf.
Plant Healthy Limited is the sole purpose company that performs the administrative and legal duties on behalf of the Plant Health Alliance. The Plant Health Alliance is a cross-sectoral group and the owner of the Plant Health Management Standard and the governing body of the Plant Healthy Certification Scheme. Their website is https://planthealthy.org.uk/plant-health-alliance.
EUR 2016/2031, relevant amending instruments are S.I. 2020/1482 and 2022/1367.
2 References to the area of a local authority or a local authority ward are to the area within the boundary line of a local authority or local authority ward, as the case may be, as determined by the Local Government Boundary Commission for England on 22nd May 2022 and updated in October 2022.
The Local Government Boundary Commission publish the local government boundaries on the Ordnance Survey’s election maps website at https://www.ordnancesurvey.co.uk/business-government/tools-support/election-maps.

5 Prohibition on the movement of high-risk oak trees from the demarcated area to outside the demarcated area
No person may move a high-risk oak tree from the demarcated area to any area outside of the demarcated area.

6 Restrictions on the movement of high-risk oak trees within the demarcated area
1 No person may move a high-risk oak tree within the demarcated area.
2 Paragraph (1) does not apply to a professional operator who meets the conditions specified in paragraph (3).
3 The conditions referred to in paragraph (2) are that the professional operator—
(a) holds an acceptable level of biosecurity competence demonstrable by compliance with the Plant Health Management Standard;
(b) records, and retains for at least 3 years, the following information for each consignment of high-risk oak trees—
(i) the name of the professional operator;
(ii) the date of movement from the premises of the professional operator and the address of those premises;
(iii) the identity, address, email address and phone number of any person who is to receive the high-risk oak tree at its destination and the destination of the consignment;
(iv) the species and girth of each high-risk oak tree within the consignment measured at a height of 1.2 metres from the root collar;
(v) details of any appropriate phytosanitary treatments applied to each high-risk oak tree within the consignment during the period the tree was on the premises of the professional operator;
(c) does not move any high-risk oak tree located in the infested zone into the buffer zone;
(d) does not move any high-risk oak tree located in the buffer zone to within 10 kilometres of the outer edge of the buffer zone;
(e) in relation to any high-risk oak tree to be moved within the buffer zone—
(i) applies appropriate phytosanitary treatments to the tree;
(ii) notifies any person who is to receive the tree at its destination, other than any other professional operator, that official planting inspections for the specified GB quarantine pest may be carried out by a plant health inspector;
(f) provides copies, and allows inspection, of documents specified at sub-paragraph (b) upon the request of the appropriate authority.
4 The conditions in paragraph (3)(a), (b) and, where applicable, (e) must be complied with prior to movement of a consignment of high-risk oak trees from the premises of the professional operator.
5 Where a professional operator (the “transferring operator”) takes possession of a high-risk oak tree from another professional operator with a view to moving that tree to the planting site, the conditions in paragraph (3) apply, but this is subject to paragraph (6).
6 Where the transferring operator proposes to move the tree to the planting site within a period of less than 48 hours of taking possession, the conditions in paragraph (3)(a), (b)(v) and (e)(i) do not apply to that transferring operator.

7 Disapplication of obligation to eradicate GB quarantine pest
The obligation in Article 17(1) of the Plant Health Regulation (obligation of competent authority immediately to take all necessary phytosanitary measures to eradicate a GB quarantine pest from the area concerned) does not apply in the demarcated area.
Trudy Harrison Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs At 10.38 a.m. on 2nd May 2023

SCHEDULE Demarcated Area
Regulation 4
Demarcated Area	Local Authority or Local Authority Ward area	
Infested Zone	Barking and Dagenham	
	Barnet	
	Basildon	
	Bexley	
	Bracknell Forest	
	Brent	
	Brentwood	
	Bromley	
	Broxbourne	
	Buckinghamshire Council Wards:	Chalfont St Giles
		Chalfont St Peter
		Cliveden
		Denham
		Farnham Common and Burnham Beeches
		Gerrards Cross
		Iver, Stoke Poges and Wexham
	Camden	
	City of London	
	Croydon	
	Dartford	
	Ealing	
	East Hertfordshire District Council Wards:	Hertford Castle
		Hertford Head
		Hertford Rural South
	Elmbridge	
	Enfield	
	Epping Forest	
	Epsom and Ewell	
	Greenwich	
	Guildford	
	Hackney	
	Hammersmith and Fulham	
	Haringey	
	Harlow	
	Harrow	
	Havering	
	Hertsmere	
	Hillingdon	
	Hounslow	
	Islington	
	Kensington and Chelsea	
	Kingston upon Thames	
	Lambeth	
	Lewisham	
	Merton	
	Mole Valley	
	Newham	
	Redbridge	
	Reigate and Banstead	
	Richmond upon Thames	
	Runnymede	
	Slough	
	Southwark	
	Spelthorne	
	St Albans	
	Surrey Heath	
	Sutton	
	Three Rivers	
	Thurrock	
	Tower Hamlets	
	Waltham Forest	
	Wandsworth	
	Watford	
	Welwyn Hatfield	
Westminster	
Windsor and Maidenhead	
Woking	
Buffer Zone	Adur	
	Arun	
	Basingstoke and Deane	
	Bedford	
	Braintree	
	Brighton and Hove	
	Buckinghamshire Council Wards:	Abbey
		Amersham and Chesham Bois
		Aston Clinton and Bierton
		Aylesbury East
		Aylesbury North
		Aylesbury North West
		Aylesbury South East
		Aylesbury South West
		Aylesbury West
		Beaconsfield
		Bernwood
		Booker
		Buckingham East
		Buckingham West
		Cressex and Castlefield
		Chesham
		Chess Valley
		Chiltern Ridges
		Chiltern Villages
		Downley
		Flackwell Heath
		Great Brickhill
		Great Missenden
		Grendon Underwood
		Hazlemere
		Ivinghoe
		Little Chalfont and Amersham Common
		Little Marlow and Marlow South East
		Marlow
		Penn Wood and Old Amersham
		Ridgeway East
		Ridgeway West
		Ryemead and Micklefield
		Stone and Waddesdon
		Terriers and Amersham Hill
		The Risboroughs
		The Wooburns, Bourne End and Hedsor
		Totteridge and Bowerdean
		Tylers Green and Loudwater
		Wendover, Halton and Stoke Mandeville
		West Wycombe
		Wing
		Winslow
	Castle Point	
	Central Bedfordshire	
	Chelmsford	
	Chichester	
	Colchester	
	Crawley	
	Dacorum	
	East Hampshire	
	East Hertfordshire District Council Wards:	Bishop’s Stortford All Saints
		Bishop’s Stortford Central
		Bishop’s Stortford Meads
		Bishop’s Stortford Silverleys
		Bishop’s Stortford South
		Braughing
		Buntingford
Datchworth and Aston	
Great Amwell	
Hertford Bengeo	
Hertford Kingsmead	
Hertford Rural North	
Hertford Sele	
Hunsdon	
Little Hadham	
Much Hadham	
Mundens and Cottered	
Puckeridge	
Sawbridgeworth	
Stanstead Abbots	
Thundridge and Standon	
Walkern	
Ware Chadwell	
Ware Christchurch	
Ware St Mary’s	
Ware Trinity	
Watton-at-stone	
Eastbourne	
Eastleigh	
Fareham	
Gosport	
Gravesham	
Hart	
Havant	
Horsham	
Huntingdonshire District Council Wards:	Buckden
	Godmanchester and Hemingford Abbots
	Great Paxton
	Great Staughton
	St Neots East
	St Neots Eatons
	St Neots Eynesbury
	St Neots Priory Park and Little Paxton
Lewes	
Luton	
Maidstone	
Maldon	
Medway	
Mid Sussex	
Milton Keynes	
New Forest District Council Wards:	Ashurst
	Copythorne South and Netley Marsh
	Bramshaw
	Copythorne North and Minstead
	Brockenhurst and Forest South East
	Butts Ash and Dibden Purlieu
	Dibden and Hythe East
	Fawley
	Blackfield and Langley
	Furzedown and Hardley
	Holbury and North Blackfield
	Hythe West and Langdown
	Lyndhurst
	Marchwood
	Totton Central
	Totton East
	Totton South
	Totton West
North Hertfordshire	
Portsmouth	
Reading	
Rochford	
Rushmoor	
Sevenoaks	
South Cambridgeshire District Council Wards:	Barrington
	Bassingbourne
	Caldecote
	Cambourne
	Caxton and Papworth
	Foxton
	Gamlingay
	Hardwick
	Melbourn
	The Mordens
South Oxfordshire	
Southampton	
Southend-on-Sea	
Stevenage	
Swale	
Tandridge	
Tendring District Council Wards:	Alresford and Elmstead
	Ardleigh and Little Bromley
	Brightlingsea
	Lawford, Manningtree and Mistley
	St Osyth
	The Bentleys and Frating
	Weeley and Tendring
	West Clacton and Jaywick Sands
Test Valley	
Tonbridge and Malling	
Tunbridge Wells	
Uttlesford	
Vale of White Horse	
Waverley	
Wealden	
West Berkshire	
Wiltshire Council Wards:	Alderbury and Whiteparish
	Redlynch and Landford
	Winterslow and Upper Bourne Valley
Winchester	
Wokingham	
Worthing	

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend—
(a) Commission Delegated Regulation (EU) 2019/829 (the “Temporary Derogations Regulation”) supplementing Regulation (EU) 2016/2031 on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding; and
(b) Commission Implementing Regulation (EU) 2019/2072 (the “Phytosanitary Conditions Regulation”) 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.
These Regulations demarcate an area for control and containment of a GB quarantine pest.
Regulation 2 amends the Temporary Derogations Regulation to require the name and address of the laboratory or institution from which the material originated to be included in an application under that Regulation.
Regulation 3 amends the Phytosanitary Conditions Regulation to revise the movement and import requirements for seed potatoes.
Part 3 demarcates an area where the GB quarantine pest, Thaumetopoea processionea L. (Oak Processionary Moth), has become established (the infested zone) and a buffer zone around that infested zone and prohibits the movement of high-risk oak trees within the demarcated area except by professional operators subject to prescribed conditions. Failure to comply with regulation 5 or 6 may lead to a plant health inspector taking official activities to prevent the spread of the pest under regulations 14 to 16 of the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.