This Statutory Instrument has been made in part to correct an error in S.I. 2020/1527 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
Plant Health
Made
7th May 2024
Laid before Parliament
9th May 2024
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 5(3), 30(1), 37(5) and (5A), 40(3), 41(3), 72(3) and 105(6) of Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants(1) (“the Plant Health Regulation”).
In accordance with Article 2a(2) of the Plant Health Regulation, the Secretary of State makes these Regulations with the consent of the Welsh Ministers and the Scottish Ministers.
1.—(1) These Regulations may be cited as the Phytosanitary Conditions (Amendment) Regulations 2024.
(2) They come into force—
(a)as regards this Part and Part 2, on 31st May 2024;
(b)as regards Part 3, on 9th November 2024.
(3) These Regulations extend to England and Wales, and Scotland.
(4) In these Regulations, “the Phytosanitary Conditions Regulation” has the meaning given in Article 2(38) of Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants(2).
2.—(1) The Phytosanitary Conditions Regulation is amended as follows.
(2) In Annex 2, in the table in Part A (pests not known to occur in Great Britain)(3)—
(a)under the heading “C. Insects and mites”—
(i)after entry 39, insert—
| “39A. | Chrysobothris femorata (Olivier) [CHRBFE] |
| 39B. | Chrysobothris mali (Horn) [CHRBMA]”; |
(ii)after entry 75, insert—
| “75A. | Lycorma delicatula (White) [LYCMDE]”; |
(b)under the heading “F. Viruses, viroids and phytoplasmas”, after entry 9, insert—
| “9A. | Chilli veinal mottle virus [CHIVMV]”. |
(3) In the table in Annex 2A (list of provisional GB quarantine pests)(4)—
(a)under the heading “B. Insects and mites”, omit entries 4B and 5A;
(b)under the heading “C. Viruses, viroids and phytoplasmas”, omit entry 1A.
(4) In Annex 5, in Part C (measures to prevent the presence of RNQPs on propagating material of ornamental plants and other plants for planting intended for ornamental purposes)(5), in the table under the heading “Viruses, viroids, virus-like diseases and phytoplasmas”, in the entry relating to Potato spindle tuber viroid [PSTVD0], in the second column, for “Capiscum annuum L.” substitute “Capsicum annuum L.”.
(5) In Annex 6, in the table in Part A (list of plants, plant products and other objects from third countries, other than high-risk plants, plant products and other objects, which may not be introduced into Great Britain)(6), in entry 1, in the first column, for the words from “Tsuga Carr.” to the end substitute—
“Tsuga Carr., and other than
naturally or artificially dwarfed plants of Chamaecyparis Spach., Juniperus L., or Pinus L., either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr), or of the species Pinus parviflora Sieb. & Zucc. grafted on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc., originating in the Republic of Korea;
naturally or artificially dwarfed plants of Chamaecyparis Spach., Juniperus L., Pinus L., either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr) or Pinus thunbergii Parl., or of the species Pinus parviflora Sieb. & Zucc. grafted on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc., or of Pinus thunbergii Parl. grafted on a rootstock of a Pinus species other than Pinus thunbergii Parl., originating in Japan”.
(6) In Annex 7, in the table 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)(7)—
(a)in entries 52 to 54, in the first column, omit “, Picea Mill.”;
(b)after entry 54, insert—
| “54A. | Plants, other than fruit and seeds, of Picea Mill. | Any third country other than Norway | The plants must be accompanied by an official statement that they originate in a place of production which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus (Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff). |
| 54B. | Plants, other than fruit, seeds and cut trees mentioned in column (1) of entry 54C, of Picea Mill. | Norway | The plants must be accompanied by an official statement that they originate in a place of production which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus (Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff). |
| 54C. | Cut trees with foliage of Picea Mill. over 3m in height, introduced during the period beginning with 1st November, and ending with 30th January of the following year (“the relevant period”), following the notification of their intended introduction by the national plant protection organisation of Norway to the national plant protection organisation of the United Kingdom: a) for display at any time during the relevant period in a public place where it has been a custom for at least 10 years to display cut trees with foliage of Picea Mill. at that place, and b) not intended to be placed on the market | Norway | The trees must: (a) be accompanied by an official statement that they originate in a place of production* which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Ips duplicatus (Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff)., or (b) fulfil all of the following requirements: (i) they are accompanied by an official statement that each tree has been subjected to an official inspection prior to export and found, in that inspection, to be free from Ips duplicatus (Sahlberg), Ips typographus L. and Ips amitinus (Eichhoff)., (ii) they have been made recognisable with a marking or a traceability code, exclusive to each tree and notified to the national plant protection organisation of Norway, enabling the identification of their place of origin, (iii) following their introduction into Great Britain, they are transported directly for display to a public place as referred to in the second column, (iv) following their display, they are: (aa) transported directly to a site for their destruction by the person responsible for the trees, and (bb) destroyed at that site by chipping or incineration,
and subsequent to their destruction, the place and time of the destruction is notified by the person responsible for the trees to the competent authority in writing. *The name(s) of the place(s) of production must be included in the phytosanitary certificate under the heading “Additional Declaration”. The phytosanitary certificate under the heading “Additional Declaration” must also include:
|
(c)after entry 64, insert—
| “64A. | Plants, including cut branches with or without foliage, other than fruit, seeds, tissue cultures and pollen, of Acer L., Betula L., Carpinus L., Carya illinoinensis (Wangenheim) Koch, Cercis L., Cornus L., Crataegus L., Juglans L., Malus Mill., Ostrya virginiana (Miller) Koch, Platanus occidentalis L., Populus L., Prunus L., Pyrus L., Salix L., Tilia L., Ulmus L., and Vaccinium darrowii Camp. | Canada and the USA | The plants must be accompanied by an official statement that: (a) they have been grown during a period of at least three years prior to export, or, in the case of plants younger than three years, throughout their life, in a place of production: (i) which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Chrysobothris femorata (Olivier), (ii) which is registered and supervised by the national plant protection organisation in the country of origin, (iii) which has been subjected annually to two official inspections for any signs of Chrysobothris femorata (Olivier) carried out at appropriate times, and (iv) within which the plants have been grown in a site with complete physical protection against the introduction of Chrysobothris femorata (Olivier), (b) immediately prior to export, the plants, and in particular their stems and branches, have been subjected to a meticulous inspection for the presence of Chrysobothris femorata (Olivier), which has included destructive sampling, where appropriate, and (c) they have been packed in such a manner as to prevent infestation during transport and storage. |
| 64B. | Plants, including cut branches with or without foliage, other than fruit, seeds, tissue cultures and pollen, of Acer L., Aesculus L., Arbutus menziesii Pursh., Ceanothus L., Cercocarpus montanus (Kunth) Rafinesque, Corylus L., Eriobotrya japonica (Thunberg) Lindley, Fagus sylvatica L., Ficus carica L., Frangula californica (Eschscholtz) A. Gray, Heteromeles arbutifolia (Lindl) Roemer, Juglans regia L., Malus Mill., Pickeringiamontana Torrey & A. Gray, Platanus L., Populus L., Prunus L., Pyrus communis L., Quercus L., Ribes L., Rosa L., Salix L., Sorbus aucuparia L., Ulmus L., and Vaccinium L. | Canada and the USA | The plants must be accompanied by: (a) an official statement that: (i) they have been grown during a period of at least three years prior to export, or, in the case of plants younger than three years, throughout their entire life, in an area* which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Chrysobothris mali (Horn), and that no part of that area lies within 100km of a known outbreak of Chrysobothris mali (Horn), and (ii) they have been packed in such a manner as to prevent infestation during transport and storage, or (b) an official statement that: (i) they have been grown during a period of at least three years prior to export, or, in the case of plants younger than three years, throughout their entire life, in a place of production: (aa) which has been established by the national plant protection organisation in accordance with ISPM10 as a place of production that is free from Chrysobothris mali (Horn), (bb) which is registered and supervised by the national plant protection organisation in the country of origin, (cc) which has been subjected annually to two official inspections for any signs of Chrysobothris mali (Horn) carried out at appropriate times, and (dd) within which they have been grown in a site with complete physical protection against the introduction of Chrysobothris mali (Horn), (ii) immediately prior to export, the plants, and in particular their stems and branches, have been subjected to a meticulous inspection for the presence of Chrysobothris mali (Horn), which has included destructive sampling, where appropriate, and (iii) they have been packed in such a manner as to prevent infestation during transport and storage. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.”; |
(d)after entry 138, insert—
| “138A. | Wood of Acer L., Betula L., Carpinus L., Carya illinoinensis (Wangenheim) Koch, Crataegus L., Juglans L., Malus Mill., Platanus occidentalis L., Populus L., Prunus L., Pyrus L., Salix L., Tilia L., and Ulmus L., other than in the form of:
but including wood which has not kept its natural round surface | Canada and the USA | The wood must be accompanied by an official statement that: (a) it has: (i) undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), (ii) undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood, or (iii) been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and (b) it has been packed in such a manner as to prevent infestation with Chrysobothris femorata (Olivier) during transport and storage. For the purpose of point (a)(i), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(iii), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation. |
| 138B. | Wood of Acer L., Aesculus L., Corylus L., Fagus sylvatica L., Juglans regia L., Malus Mill., Platanus L., Populus L., Prunus L., Pyrus communis L., Quercus L., Salix L., Sorbus aucuparia L., and Ulmus L., other than:
but including wood which has not kept its natural round surface | Canada and the USA | The wood must be accompanied by an official statement: (a) that it: (i) originates in an area* which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Chrysobothris mali (Horn), and that no part of the area lies within 100km of a known outbreak of Chrysobothris mali (Horn), (ii) has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core), (iii) has undergone ionizing irradiation to achieve a minimum absorbed dose of 1kGy throughout the wood, or (iv) has been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and (b) that it has been packed in such a manner as to prevent infestation with Chrysobothris mali (Horn) during transport and storage. For the purpose of point (a)(ii), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(iv), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.”; |
(e)after entry 139, insert—
| “139A. | Wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from Acer L., Betula L ., Carpinus L., Carya illinoinensis (Wangenheim) Koch, Crataegus L., Juglans L., Malus Mill., Platanus occidentalis L., Populus L., Prunus L., Pyrus L., Salix L., Tilia L., and Ulmus L. | Canada and the USA | The wood must be accompanied by an official statement that: (a) it has: (i) undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, or (ii) been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and (b) it has been packed in such a manner as to prevent infestation with Chrysobothris femorata (Olivier) during transport and storage. For the purpose of point (a)(i), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(ii), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation. |
| 139B. | Wood in the form of chips, particles, sawdust, shavings, wood waste and scrap obtained in whole or in part from Acer L., Aesculus L., Corylus L., Fagus sylvatica L., Juglans regia L., Malus Mill., Platanus L., Populus L., Prunus L., Pyrus communis L., Quercus L., Salix L., Sorbus aucuparia L., and Ulmus L. | Canada and the USA | The wood must be accompanied by an official statement: (a) that it: (i) originates in an area* which has been established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Chrysobothris mali (Horn), and that no part of the area lies within 100km of a known outbreak of Chrysobothris mali (Horn), (ii) has undergone an appropriate heat treatment to achieve a minimum temperature of 56°C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, or (iii) has been subjected to fumigation, the active ingredient, the minimum wood temperature, the rate (g/m3) and the exposure time of which are indicated on the phytosanitary certificate, and (b) that it has been packed in a manner as to prevent infestation during transport and storage. For the purpose of point (a)(ii), there must also be evidence of the heat treatment by a mark “HT” put on the wood or any wrapping in accordance with current usage and on the phytosanitary certificate. For the purpose of point (a)(iii), the national plant protection organisation of the country of origin must have previously provided the national plant protection organisation of the United Kingdom with written details of the fumigation. * The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration.”. |
(7) In Annex 11, in the table 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))(8), after entry 54, insert—
| “55. | Acer L., Aesculus L., Carpinus L., Carya illinoinensis (Wangenheim) Koch., Corylus L., Crataegus L., Fagus sylvatica L., Malus Mill., Pyrus L., Salix L., Sorbus aucuparia L., Tilia L., and Ulmus L., other than wood packaging material, but including wood which has not kept its natural round surface | Fuel wood in logs, billets, twigs, faggots, or in similar forms; wood in chips or particles; sawdust, wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms:
| Canada and the USA |
| 56. | Platanus L. other than wood packaging material, but including wood which has not kept its natural round surface | Fuel wood in logs, billets, twigs, faggots, or in similar forms; wood in chips or particles; sawdust, wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms:
| Canada”. |
3.—(1) The Phytosanitary Conditions Regulation is amended as follows.
(2) In the table in Annex 2A (list of provisional GB quarantine pests)(9)—
(a)under the heading “B. Insects and mites”—
(i)after entry 1A, insert—
| “1AA. | Agrilus mali Matsumura [AGRLMA]”; |
(ii)after entry 6B, insert—
| “6BA. | Orgyia leucostigma (Smith) [HEMELE]”; |
(b)under the heading “D. Bacteria”, after entry 1, insert—
| “1A. | Lonsdalea populi Li, Xue, Guo, Koltay, Palacio-Bielsa, Chang, Xie & Yang [LNSDQP]”. |
(3) In Annex 4 (list of GB regulated non-quarantine pests and their respective plants for planting)(10)—
(a)in the table of contents, at the end, insert—
| “Part L: RNQPs concerning seed of Solanum sisymbriifolium Lamarck”; |
(b)at the end, insert—
RNQPs concerning seed of Solanum sisymbriifolium Lamarck
| Viruses, viroids, virus-like diseases and phytoplasmas | ||
|---|---|---|
| (1) RNQP | (2) Plants for planting | (3) Threshold for seed |
| Potato spindle tuber viroid [PSTVD0] | Solanum sisymbriifolium Lamarck | 0%”. |
(4) In Annex 5 (measures to prevent the presence of RNQPs on specific plants for planting)(11)—
(a)in the table of contents, at the end, insert—
| “Part K: | Measures to prevent the presence of RNQPs on seed of Solanum sisymbriifolium Lamarck ”; |
(b)at the end, insert—
Measures to prevent the presence of RNQPs on seed of Solanum sisymbriifolium Lamarck
The competent authority, or the professional operator under the official supervision of the competent authority, must carry out checks and take any other action which is necessary or appropriate to ensure that the requirements specified in the following table in relation to the respective RNQPs and plants for planting are satisfied:
| Viruses, viroids, virus-like diseases and phytoplasmas | ||
|---|---|---|
| (1) RNQPs or symptoms caused by RNQPs | (2) Plants for planting (genus or species) | (3) Requirements |
| Potato spindle tuber viroid [PSTVD0] | Seed of Solanum sisymbriifolium Lamarck | The seeds have been subjected to official testing for Potato spindle tuber viroid, on a representative sample and using appropriate methods, and have been found in those tests to be free from that pest.”. |
(5) In Annex 11, in the table 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))(12), after entry 27, insert—
| “27A. | Solanum spp. | Other seeds, for sowing: ex 1209 99 99 | Any third country”. |
Douglas-Miller
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th May 2024
(This note is not part of the Regulations)
These Regulations amend 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 (the “Phytosanitary Conditions Regulation”).
Part 2 comes into force on 31st May 2024. It amends Annexes to the Phytosanitary Conditions Regulation as follows—
(a)regulation 2(2) adds the following pests to the list of GB quarantine pests, in Annex 2: Chilli veinal mottle virus [CHIVMV], Chrysobothrisfemorata (Olivier) [CHRBFE], Chrysobothris mali (Horn) [CHRBMA] and Lycorma delicatula (White) [LYCMDE];
(b)regulation 2(3) removes certain pests from the list of provisional GB quarantine pests, in Annex 2A, which are added to Annex 2 by regulation 2(2);
(c)regulation 2(4) corrects a typographical error in respect of a reference to a plant in Annex 5;
(d)regulation 2(5) amends Annex 6 in respect of certain naturally or artificially dwarfed plants which are excluded from the list of plants, plant products and other objects which may not be introduced into Great Britain if originating or dispatched from certain third countries;
(e)regulation 2(6) amends Annex 7 in respect of certain plants, plant products and other objects originating in certain third countries that may only be imported into Great Britain if special requirements are met; this includes requirements in respect of certain plants originating in Norway, and plants and wood of certain species originating in Canada or the USA;
(f)regulation 2(7) adds wood of certain species originating in Canada or the USA to the list of plants, plant products and other objects in respect of which phytosanitary certificates are required, in Annex 11.
Part 3 comes into force on 9th November 2024. It amends Annexes to the Phytosanitary Conditions Regulation as follows—
(g)regulation 3(2) adds the following pests to the list of provisional GB quarantine pests, in Annex 2A: Agrilus mali Matsumura [AGRLMA], Orgyia leucostigma (Smith) [HEMELE] and Lonsdalea populi Li, Xue, Guo, Koltay, Palacio-Bielsa, Chang, Xie & Yang [LNSDQP];
(h)regulation 3(3) and (4) amends Annex 4 and Annex 5 to add Potato spindle tuber viroid [PSTVD0] as a regulated non-quarantine pest of Solanum sisymbriifolium Lamarck, and measures to prevent its presence on seed of Solanum sisymbriifolium Lamarck;
(i)regulation 3(5) adds Solanum spp. originating in any third country to the list of plants, plant products and other objects in respect of which phytosanitary certificates are required, in Annex 11.
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.
EUR 2016/2031; relevant amending instruments are S.I. 2020/1482, 2021/79. For the definition of “the appropriate authority”, see Article 2a.
EUR 2016/2031; the definition of “the Phytosanitary Conditions Regulation” was inserted by regulation 26(3) of S.I. 2020/1482.
Annex 2 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/641, 1171, 2022/114, 1120, 2023/1131.
Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/1131.
Annex 5 was substituted by S.I. 2020/1527. Part C was amended by S.I. 2021/426, 1229.
Annex 6 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/641, 1171, 2023/1131.
Annex 7 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/136, 426, 641, 1171, 1229, 2022/114, 484, 1090, 1120, 2023/959, 1131.
Annex 11 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/959.
Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/1131.
Annex 4 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426, 1171, 1229, 2022/114, 1120.
Annex 5 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426, 1229, 2022/114, 2023/497.
Annex 11 was substituted by S.I. 2020/1527. Part A was amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/959.