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The Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023

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EXPLANATORY NOTE

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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.

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