This Statutory Instrument has been printed in consequence of defects in S.I. 2020/1527, S.I. 2022/114, S.I. 2022/1120 and S.I. 2024/610 and is being issued free of charge to all known recipients of those Statutory Instruments.
Statutory Instruments
Plant Health
Trade
Made
7th January 2025
Laid before Parliament
8th January 2025
Coming into force
30th January 2025
The Secretary of State makes these Regulations in exercise of the powers conferred by—
(a)Articles 5(3), 30(1), (1A) and (5), 37(5) and (5A), 41(3), 72(3), 73(2) and 79(3) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants(1) (“the Plant Health Regulation”); and
(b)Articles 64(4), 90, 144(6) and paragraph 3(2) of Annex 6 to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products(2) (“the Official Controls Regulation”).
The Scottish Ministers and Welsh Ministers have consented to the Secretary of State making these Regulations for the purposes of Article 2a(2) of the Plant Health Regulation and Article 3(2B) of the Official Controls Regulation(3).
In accordance with Article 144(7) of the Official Controls Regulation, the Secretary of State has consulted such bodies and persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by these Regulations and such other bodies or persons as the Secretary of State considers appropriate.
1.—(1) These Regulations may be cited as the Official Controls (Plant Health) and Phytosanitary Conditions (Amendment) Regulations 2025.
(2) They come into force on 30th January 2025.
(3) They extend to England and Wales, and Scotland.
2.—(1) Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products is amended as follows.
(2) In paragraph 15 of Annex 6, in the text inserted as “Annex 8”(4), in the table—
(a)omit the row with the entry “Root and tubercle vegetables” in the first column;
(b)after the row with the entry “Leaves of Manihot esculenta Crantz” in the first column insert—
| “Plants of Asparagus officinalis L., other than stems covered during their entire life by soil | Other vegetables, fresh or chilled; Asparagus. | 18B”; |
(c)omit the row with the entry “Fragaria L., Malus Mill., Persea americana Mill., Pyrus L., Rubus L., Vaccinium L. and Vitis L.” in the first column.
3.—(1) Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points(5) is amended as follows.
(2) In Article 2 (definitions), after paragraph 9, insert—
“10. ‘large plants and plant products and other large objects’ means goods referred to in Article 47(1)(c) of Regulation (EU) 2017/625 which:
(a)by virtue of size are not capable of being transported into or unloaded in an area covered with a roof;
(b)require unloading equipment that is not capable of being operated in an area covered with a roof; and
(c)where the goods are trees, have:
(i)a girth greater than 8cm and an indicative height greater than 2.5m; and
(ii)a bare root, wrapped root ball or containerised root ball.”.
(3) In Article 3 (border control post infrastructure), in paragraph 4—
(a)after point “(b)”, omit the “and”;
(b)in point “(c)”, omit the full stop;
(c)after point “(c)” insert—
“; and
(d)large plants and plant products and other large objects.”.
(4) After Article 6 (border control posts designated for categories of products of animal origin, animal by-products, germinal products, composite products and hay and straw), insert—
In addition to the requirements of Articles 3 and 4, border control posts which have been designated for large plants and plant products and other large objects shall:
(a)in respect of unloading areas:
(i)be of sufficient size for a trailer or vehicle to enter into the unloading area;
(ii)have sufficient space for unloading and loading equipment to operate;
(iii)be surrounded by walls or solid fencing with suitable access points;
(iv)have an impermeable ground surface; and
(v)contain a physical barrier or bollards between moving vehicles and the inspection area;
(b)in respect of inspection areas:
(i)meet the requirements of points (a)(ii) - (iv) of this Article; and
(ii)provide such overhead cover as necessary to substantially protect the inspection area from precipitation.”.
4. 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(6) (“the Phytosanitary Conditions Regulation”) is amended in accordance with Regulations 5 to 12.
5.—(1) Annex 2 (list of GB quarantine pests)(7) is amended as follows.
(2) In Part A—
(a)in the table under the heading “B. Fungi and oomycetes”—
(i)omit entry 7;
(ii)after entry 21, insert—
| “21A. | Heterobasidion irregulare Garbelotto & Otrosina [HETEIR]”; |
(iii)after entry 25, insert—
| “25A. | Neofusicoccum laricinum (Sawada) Y. Hattori & C. Nakashima [GUIGLA]”; |
(iv)omit entry 26;
(v)after entry 33, insert—
| “33A. | Stagonosporopsis andigena (Turkensteen) Aveskamp, Gruyter & Verkley [PHOMAN]”; |
(b)in the table under the heading “C. Insects and mites”—
(i)omit entry 25;
(ii)in entry 29, after “Choristoneura” insert “occidentalis”;
(iii)in entry 34, for “(Walsingham) [CHONOC]” substitute “occidentalis Freeman”;
(iv)in entry 40—
(aa)omit “— Carneocephala fulgida (Nottingham) [CARNFU]”;
(bb)after “[HOMLTR]”, insert—
“,
— Xyphon fulgidum (Nottingham) [CARNFU]”;
(v)omit entry 108;
(vi)after entry 110, insert—
| “110A. | Ripersiella hibisci (Kawai & Takagi) [RHIOHI]”; |
(vii)in entry 115—
(aa)for “Scolytidae” substitute “Scolytinae”;
(bb)for “[1SCOLF]” substitute “[1SCOLS]”;
(viii)after entry 126, insert—
| “127. | Zeugodacus tau (Walker) [BCTRTA]”; |
(c)in the table under the heading “F. Viruses, viroids and phytoplasmas”—
(i)in entry 5, for “Candidatus Phytoplasma ‘aurantifolia’” substitute “‘Candidatus Phytoplasma aurantifolia’”;
(ii)in entry 6, for “Candidatus Phytoplasma ‘mali’” substitute “‘Candidatus Phytoplasma mali’”;
(iii)in entry 7, for “Candidatus Phytoplasma ‘pruni’” substitute “‘Candidatus Phytoplasma pruni’”;
(iv)in entry 8, for “Candidatus Phytoplasma ‘solani’” substitute “‘Candidatus Phytoplasma solani’”;
(v)in entry 9, for “Candidatus Phytoplasma ‘ulmi’” substitute “‘Candidatus Phytoplasma ulmi’”;
(vi)in entry 31—
(aa)for “Candidatus Phytoplasma australiense” substitute “‘Candidatus Phytoplasma australiense’”;
(bb)for “Candidatus Phytoplasma phoenicium” substitute “‘Candidatus Phytoplasma phoenicium’”.
(3) In Part B, in the table under the heading “D. Viruses, viroids and phytoplasmas”, in entry 1, for “Candidatus Phytoplasma ‘prunorum’” substitute “‘Candidatus Phytoplasma prunorum’”.
6.—(1) Annex 2A (list of provisional GB quarantine pests)(8) is amended as follows.
(2) In the table, under the heading “A. Fungi and oomycetes”—
(a)after entry 1C, insert—
| “1D. | Diaporthe phaseolorum var. sojae Lehman [DIAPPS]”; |
(b)omit entry 2.
(3) In the table under the heading “C. Viruses, viroids and phytoplasmas”, in entry 1ZA, for “Candidatus Phytoplasma fraxini” substitute “‘Candidatus Phytoplasma fraxini’”.
(4) In the table under the heading “D. Bacteria”, omit entry 1.
7.—(1) Annex 4 (list of GB regulated non-quarantine pests and their respective plants for planting)(9) is amended as follows.
(2) In Part C, in the table headed “Viruses, viroids, virus-like diseases and phytoplasmas”, in column 1, in the entry which relates to “Candidatus Phytoplasma ‘pyri’ Seemüller & Schneider [PHYPPY]”, for “Candidatus Phytoplasma ‘pyri’” substitute “‘Candidatus Phytoplasma pyri’”.
(3) In Part F, in column 1, in the entry which relates to “Candidatus Liberibacter ‘solanacearum’ Liefting et al. [LIBEPS]”, for “Candidatus Liberibacter ‘solanacearum’” substitute “‘Candidatus Liberibacter solanacearum’”.
(4) In Part H, in the table headed “Bacteria”, in column 1, in the entry which relates to “CandidatusLiberibacter ‘solanacearum’ Liefting et al. [LIBEPS]”, for “Candidatus Liberibacter ‘solanacearum’” substitute “‘Candidatus Liberibacter solanacearum’”.
(5) In Part I—
(a)in the table headed “Bacteria”, in column 1, in the entry which relates to “Candidatus Phlomobacter ‘fragariae’ Zreik, Bové & Garnier [PHMBFR]”, for “Candidatus Phlomobacter ‘fragariae’” substitute “‘Candidatus Phlomobacter fragariae’”;
(b)in the table headed “Viruses, viroids, virus-like diseases and phytoplasmas”, in column 1—
(i)in the entry relating to “Candidatus Phytoplasma ‘asteris’ Lee et al. [PHYPAS], for “Candidatus Phytoplasma ‘asteris’” substitute “‘Candidatus Phytoplasma asteris’”;
(ii)in the entry relating to “Candidatus Phytoplasma ‘fragariae’ Valiunas, Staniulis & Davis [PHYPFG]”, for “Candidatus Phytoplasma ‘fragariae’” substitute “‘Candidatus Phytoplasma fragariae’”;
(iii)in the entry relating to “Candidatus Phytoplasma ‘pyri’ [PHYPPY]”, for “Candidatus Phytoplasma ‘pyri’” substitute “‘Candidatus Phytoplasma pyri’”;
(iv)in the entry relating to “Candidatus Phytoplasma ‘rubi’ Malembic-Maher et al. [PHYPRU]”, for “Candidatus Phytoplasma ‘rubi’” substitute “‘Candidatus Phytoplasma rubi’”.
8.—(1) Annex 5 (measures to prevent the presence of RNQPs on specific plants for planting)(10) is amended as follows.
(2) In Part C, in the table headed “Viruses, viroids, virus-like diseases and phytoplasmas”, in the entry relating to “Candidatus Phytoplasma ‘pyri’ Seemüller & Schneider [PHYPPY]”, for “Candidatus Phytoplasma ‘pyri’”, in each place it occurs, substitute “‘Candidatus Phytoplasma pyri’”.
(3) In Part F—
(a)in the first table, in the entry relating to “Candidatus Liberibacter ‘solanacearum’ Liefting et al.” for “Candidatus Liberibacter ‘solanacearum’”, in each place it occurs, substitute “‘Candidatus Liberibacter solanacearum’”;
(b)in the second table, in the entry relating to “Candidatus Liberibacter solanacearum Liefting et al.”, in column 1, for “Candidatus Liberibacter solanacearum” substitute “‘Candidatus Liberibacter solanacearum’”.
(4) In Part H, in the table headed “Bacteria”, in the entry relating to “Candidatus Liberibacter ‘solanacearum’ Liefting et al.”, for every reference in columns 1 and 3 to “Candidatus Liberibacter ‘solanacearum’” substitute “‘Candidatus Liberibacter solanacearum’”.
9.—(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)(11) is amended as follows.
(2) In Part A, in the table—
(a)after entry 3, insert—
| “3A. | Plants for planting, other than bulbs, corms, rhizomes, seeds, tubers, and plants in tissue culture | Any third country | The plants must be accompanied by an official statement that they have been: (a) grown in a place of production which is registered and supervised by the national plant protection organisation of the country of origin, and (b) inspected at appropriate times prior to export for the detection of pests.”; |
(b)after entry 8, insert—
| “8A. | Plants for planting with growing media intended to sustain the vitality of the plants, other than plants in tissue culture and aquatic plants | Canada, EU Member States, India, Japan, Russia, Switzerland and the USA | The plants must be accompanied by an official statement that they: (a) originate in an area* established by the national plant protection organisation in accordance with ISPM4 as an area that is free from Popillia japonica Newman, (b) have been grown in a place of production established by the national plant protection organisation in the country of origin in accordance with ISPM10 as a place of production that is free from Popillia japonica Newman: (i) which has been subject to an annual official inspection, and at least monthly inspections during the three months prior to export, for any signs of Popillia japonica Newman, carried out at appropriate times to detect the presence of that pest at least by visual examination of all plants, including weeds, and sampling of the growing media in which plants are growing, (ii) which is surrounded by a buffer zone of at least 100 m, where the absence of Popillia japonica Newman was confirmed by official surveys carried out annually at appropriate times, (iii) immediately prior to export the plants and the growing media have been subjected to an official inspection, including the sampling of the growing media, and found free from Popillia japonica Newman, and (iv) the plants: (aa) are handled and packed or transported in such a manner as to prevent infestation from Popillia japonica Newman after leaving the place of production, or (bb) are moved outside the flight season of Popillia japonica Newman, (c) meet the following requirements: (i) they have been grown throughout their life in a site of production with physical isolation against the introduction of Popillia japonica Newman and (ii) that the plants: (aa) are handled and packed or transported in such a manner as to prevent infestation from Popillia japonica Newman after leaving the site of production, or (bb) are moved outside the flight season of Popillia japonica Newman, or (d) have been produced following an effective systems approach to ensure freedom from Popillia japonica Newman. *The name(s) of the area(s) shall be mentioned on the phytosanitary certificate under the heading “Additional Declaration”. A phytosanitary certificate may not include the official statement referred to in point (d) unless the national plant protection organisation of the country of origin has previously provided the national plant protection organisation of the United Kingdom with written details of the systems approach.”; |
(c)in entry 27, in column 3, in point (c)—
(i)for “Ralstonia syziygii”, in both places it occurs, substitute “Ralstonia syzygii”;
(ii)for “celebensis” substitute “celebesensis”;
(d)in entry 28, in column 3, for “Candidatus Phytoplasma ‘solani’”, in both places it occurs, substitute “‘Candidatus Phytoplasma solani’”;
(e)in entry 30, in columns 2 and 3, for “celebensis”, in each place it occurs, substitute “celebesensis”;
(f)in entry 33A, in column 3—
(i)after “must be accompanied by” insert “an official statement that”;
(ii)for “(a) an official statement that” substitute “(a) (i)”;
(iii)after “entry 105B” for “and” substitute “or”;
(iv)before “(b)” insert—
“(ii)the plants are from evidence of their packaging, their flower development or by other means, ornamental plants intended for direct sale to final consumers not involved in professional plant production; and”
(v)after “(b)” omit “an official statement that:”;
(g)in entry 44, in column 3, for “Scolytidae” substitute “Scolytinae”;
(h)in entry 51, in column 3, for “Candidatus Phytoplasma ‘ulmi’” substitute “‘Candidatus Phytoplasma ulmi’”;
(i)in entry 54A, in column 1, after “Picea Mill.” insert “over 3m in height”;
(j)in entry 54B, in column 1, after “Picea Mill.” insert “over 3m in height”;
(k)after entry 56, insert—
| “56A | Plants, other than seeds, of Abies spp. Mill., Calocedrus decurrens Torrey, Juniperus spp. L., Larix spp. Mill., Picea spp. Mill., Pinus spp. L., Pseudotsuga menziesii (Mirbel) Franco, and Thuja spp. Carr. | Canada, Cuba, the Dominican Republic, Mexico, the USA and EU Member States, other than any EU Member State where Heterobasidion irregulare Garbelotto & Otrosina is known not to occur | The plants must be accompanied by an official statement that they originate in an area* which has been established by the national plant protection organisation in accordance with the measures specified in ISPM4, as an area known to be free from Heterobasidion irregulare Garbelotto & Otrosina and is not within 100km of a known outbreak of Heterobasidion irregulare Garbelotto & Otrosina. *The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration””; |
(l)in entry 74, in columns 2 and 3, for “Candidatus Phytoplasma ‘mali’” substitute “‘Candidatus Phytoplasma mali’”;
(m)in entry 76, in column 3, for “Candidatus Phytoplasma ‘pruni’”, in each place it occurs, substitute “‘Candidatus Phytoplasma pruni’”;
(n)in entry 77, in column 3, for “Candidatus Phytoplasma ‘prunorum’”, in both places it occurs, substitute “‘Candidatus Phytoplasma prunorum’”;
(o)in entry 81—
(i)in column 1, omit from “, other” to the end;
(ii)in column 2, omit from “, Raspberry leaf” to “leaf virus”;
(iii)in column 3, in point (b)(i)(aa)—
(aa)for “at least for the pests referred to in column (2)” substitute “for Tobacco streak virus black raspberry latent strain”;
(bb)for “those pests”, in both places it occurs, substitute “that pest”;
(iv)in column 3, in point (b)(i)(bb)—
(aa)for “at least for the pests referred to in column (2)” substitute “for Tobacco streak virus black raspberry latent strain”;
(bb)for “those pests”, in both places it occurs, substitute “that pest”;
(v)in column 3, in point (b)(ii), for “the pests referred to in column (2)” substitute “Tobacco streak virus black raspberry latent strain”;
(p)after entry 81, insert—
| “81A | Plants for planting, other than seeds, of Rubus L. | Any third country where Raspberry leaf curl virus is known to occur | The plants must: (a) be free from aphids, including their eggs, and (b) be accompanied by an official statement: (i) that the plants have been: (aa) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for Raspberry leaf curl virus, using appropriate indicators for the presence of Raspberry leaf curl virus or equivalent methods and has been found to be free in those tests from Raspberry leaf curl virus, or (bb) derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for Raspberry leaf curl virus, using appropriate indicators for the presence of Raspberry leaf curl virus or equivalent methods, and has been found to be free in those tests from Raspberry leaf curl virus, and (ii) that no symptoms of diseases caused by Raspberry leaf curl virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation. |
| 81B | Plants for planting, other than seeds, of Rubus L. | Any third country where Cherry rasp leaf virus is known to occur | The plants must: (a) be free from aphids including their eggs, and (b) be accompanied by an official statement: (i) that the plants have been: (aa) officially certified under a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and subjected to official testing for Cherry rasp leaf virus, using appropriate indicators for the presence of Cherry rasp leaf virus or equivalent methods and has been found to be free in those tests from Cherry rasp leaf virus, or (bb) derived in direct line from material which is maintained under appropriate conditions and has been subjected, within the last three complete cycles of vegetation, at least once, to official testing for Cherry rasp leaf virus, using appropriate indicators for the presence of Cherry rasp leaf virus or equivalent methods, and has been found to be free in those tests from Cherry rasp leaf virus, and (ii) that no symptoms of diseases caused by Cherry rasp leaf virus have been observed on plants at the place of production, or on susceptible plants in its immediate vicinity, since the beginning of the last complete cycle of vegetation.”; |
(q)in entry 91, in column 1, for “Aeraceae” substitute “Arecaceae”;
(r)in entries 109, 110, 112, 113, 114, 115, 115C, 115D, 117, 118, 119, in column 1, for “Pinales” substitute “Pinopsida”;
(s)in entry 112, in column 3, for “Scolytidae” substitute “Scolytinae”;
(t)in entry 114, in column 3, for “Scolytidae” substitute “Scolytinae”;
(u)after entry 116, insert—
| “116A | Wood of Abies spp. Mill., Calocedrus decurrens Torrey, Juniperus spp. L., Larix spp. Mill., Picea spp. Mill., Pinus spp. L. and Pseudotsuga menziesii (Mirbel) Franco other than in the form of:
| Canada, Cuba, the Dominican Republic, Mexico, the USA and EU Member States, other than any EU Member State where Heterobasidion irregulare Garbelotto & Otrosina is known not to occur | The wood must be accompanied by an official statement: (a) that it originates in an area* established by the national plant protection organisation in accordance with the measures specified in ISPM4 as an area that is free from Heterobasidion irregulare Garbelotto & Otrosina and is not within 100km of a known outbreak of Heterobasidion irregulare Garbelotto & Otrosina, or (b) that it 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). *The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”. |
| 116B | Wood of Abies spp. Mill., Calocedrus decurrens Torrey, Juniperus spp. L., Larix spp. Mill., Picea spp. Mill., Pinus spp. L. and Pseudotsuga menziesii (Mirbel) Franco in the form of chips, particles, sawdust, shavings, wood waste and scrap, not agglomerated and obtained in whole or part from these plants | Canada, Cuba, the Dominican Republic, Mexico, the USA and EU Member States, other than any EU Member State where Heterobasidion irregulare Garbelotto & Otrosina is known not to occur | The wood must be accompanied by an official statement: (a) that it originates in an area* established by the national plant protection organisation in accordance with the measures specified in ISPM4 as an area that is free from Heterobasidion irregulare Garbelotto & Otrosina and is not within 100 km of a known outbreak of Heterobasidion irregulare Garbelotto & Otrosina, or (b) that it 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. *The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”. |
| 116C | Isolated bark of Abies spp. Mill., Calocedrus decurrens Torrey, Juniperus spp. L., Larix spp. Mill., Picea spp. Mill., Pinus spp. L. and Pseudotsuga menziesii (Mirbel) Franco | Canada, Cuba, the Dominican Republic, Mexico, the USA and EU Member States, other than any EU Member State where Heterobasidion irregulare Garbelotto & Otrosina is known not to occur | The isolated bark must be accompanied by an official statement: (a) that it originates in an area* established by the national plant protection organisation in accordance with the measures specified in ISPM4, as an area that is free from Heterobasidion irregulare Garbelotto & Otrosina and is not within 100km of a known outbreak of Heterobasidion irregulare Garbelotto & Otrosina, or (b) that it 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 bark. *The name(s) of the area(s) must be included in the phytosanitary certificate under the heading “Additional declaration”.”. |
(3) In the table in Part B, in entry 6, in column 3, in the fourth unnumbered paragraph which begins with “Sub samples”, for “nor more tha” substitute “not more than”.
10.—(1) Annex 8 (list of plants, plant products and other objects originating in a CD territory or Great Britain and the special requirements for their introduction into Great Britain from a CD territory or their movement within Great Britain)(12) is amended as follows.
(2) In Part A, in the table—
(a)in entry 3, in column 2, for “celebensis” substitute “celebesensis”;
(b)in entry 19, in column 2, for “Candidatus Phytoplasma ‘prunorum’”, in both places it occurs, substitute “‘Candidatus Phytoplasma prunorum’”.
11.—(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)(13) is amended as follows.
(2) In Part A, in the table—
(a)in entry 5, in column 3, after “Any third country” insert “other than EU Member States and Switzerland”;
(b)in entry 18B, in column 3, after “Any third country” omit “other than EU Member States, Liechtenstein and Switzerland”;
(c)in entry 20, in column 3, after “Any third country” insert “other than EU Member States and Switzerland”;
(d)in entry 26, in column 1, for “cocineus” substitute “coccineus”;
(e)in entries 35 and 45, in column 1, for “Pinales” substitute “Pinopsida”;
(f)omit entry 40;
(g)after entry 40A insert—
| “40B | Castanea Mill. | Vegetable products of bark not elsewhere specified or included: ex 1404 90 00 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms:
ex 4401 40 90 | Any third country”; |
(h)in entry 45, in column 3, for “Any third country” substitute—
“Any third country other than Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faroe Islands, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Norway, San Marino, Serbia, Switzerland, Turkey, Ukraine and EU Member States other than EU Member States where Bursaphelenchus xylophilus (Steiner & Bührer) Nickle is known to occur or where Heterobasidion irregulare Garbelotto & Otrosina is known to occur.”;
(i)after entry 45, insert—
| “45A | Conifers (Pinopsida), excluding wood which is bark free | Fuel wood in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms:
4401 11 00
4401 21 00
ex 4401 40 10
ex 4401 40 90 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:
4403 11 00 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared:
ex 4403 21 10 ex 4403 21 90 ex 4403 22 00
ex 4403 23 10 ex 4403 23 90 ex 4403 24 00
ex 4403 25 10 ex 4403 25 90 ex 4403 26 00 Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise:
ex 4404 10 00 Coniferous railway or tramway sleepers (cross-ties) of wood:
4406 11 00
4406 91 00 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm:
4407 11 10 4407 11 20 4407 11 90
4407 12 10 4407 12 20 4407 12 90
4407 19 10 4407 19 20 4407 19 90 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm:
4408 10 15 4408 10 91 4408 10 98 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves: ex 4416 00 00 Prefabricated buildings of wood: ex 9406 10 00 | Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faroe Islands, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Norway, San Marino, Serbia, Switzerland, Turkey, Ukraine and EU Member States other than those where Bursaphelenchus xylophilus (Steiner & Bührer) Nickle is known to occur or where Heterobasidion irregulare Garbelotto & Otrosina is known to occur. ”; |
(j)omit entry 52.
(3) In Part C, in the table, in entry 29, in column 1 for “and Prunus L.” substitute “, Prunus L. and Vitis L.”.
12. In Annex 13 (list of plants, plant products and other objects for which a UK plant passport is required for their movement within Great Britain or for their introduction into Great Britain from a CD territory)(14), in entries 8 and 10, for “Pinales” substitute “Pinopsida”.
13.—(1) The Plant Health (Amendment etc.) (EU Exit) Regulations 2020(15) are amended as follows.
(2) In Schedule 2A (transitional provision: plants to which Article 72(1) does not apply), in the table—
(a)omit the row with the entry “Root and tubercle vegetables” in the first column;
(b)after the entry for “Leaves of Manihot esculenta Crantz” insert—
| “Plants of Asparagus officinalis L., other than stems covered during their entire life by soil | Other vegetables, fresh or chilled; Asparagus. | 18B”; |
(c)omit the row with the entry “Fragaria L., Malus Mill., Persea americana Mill., Pyrus L., Rubus L., Vaccinium L. and Vitis L.” in the first column.
Hayman of Ullock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th January 2025
(This note is not part of the Regulations)
These Regulations amend Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (“the Official Controls Regulation”), Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points (“the BCP Minimum Requirements Regulation”), 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”) and the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482).
Part 2 amends Annex 6 to the Official Controls Regulation to update the list of goods (specific fruit and vegetables) that are exempt from the requirement for pre-notification when those goods are imported into Great Britain from an EU Member State, Liechtenstein or Switzerland as a result of the amendments made in Regulation 11.
Part 3 amends the BCP Minimum Requirements Regulation to define large plants and plant products and other large objects and inserts new Article 6A to provide the additional requirements for unloading areas and inspection areas for these goods.
Part 4 amends the Phytosanitary Conditions Regulation. Regulations 5 and 6 update the list of quarantine pests in Annex 2 and the list of provisional GB quarantine pests in Annex 2A. Heterobasidion irregulare is removed from the provisional list and added to the list of quarantine pests. Diaporthe phaseolorum var. sojae is moved from the category “Bacteria” into the category “Fungi and oomycetes”. Various pest names are amended to ensure those pests are identified by their most up to date name.
Regulations 7 and 8 update the names of various pests in the list of regulated non-quarantine pests and their respective plants and the list of measures to prevent the presence of regulated non-quarantine pests on specific plants to ensure consistency with internationally recognised names.
Regulations 9 and 10 update the names of pests in Annexes 7 and 8 to ensure consistency with internationally recognised names. Regulation 9 also adds in a requirement in Annex 7 for certain imported plants for planting to have been grown in a registered place of production. It adds additional requirements to prevent the spread of Popillia japonica and permits Capsicum plants where they are produced from untested seeds when intended for final users not involved in plant production. The import requirements for Tobacco streak virus black raspberry latent strain, Raspberry leaf curl virus and Cherry rasp leaf virus are clarified. Entries are added regarding products from Abies spp., Calocedrus decurrens, Juniperus spp., Larix spp., Picea spp., Pinus spp., Pseudotsuga menziesii, and Thuja spp. to prevent the spread of Heterobasidion irregulare.
Regulation 11 updates the lists in Annex 11 in respect of phytosanitary certificate requirements to re-categorise certain fruits and vegetables arriving from the EU and Switzerland and, in the case of asparagus, Liechtenstein. Wood of “Pinales” is reclassified as “Pinopsida” to ensure consistency with the internationally recognised name for conifers.
Regulation 12 updates the list of plants, plant products and other objects for which UK Plant passports are required to ensure consistency with the internationally recognised name for conifers.
Part 5 amends the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 in respect of exemptions from the requirement for plant health certification following amendments to the Phytosanitary Conditions Regulation.
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 and 2021/79.
EUR 2017/625; relevant amending instruments are S.I. 2020/1481, 2022/1315, 2023/1131 and 2024/20 and 541.
Article 2a(2) of EUR 2016/2031 and Article 3(2B) of EUR 2017/625 each contains a definition of “the appropriate authority” making provision for consent from the Welsh Ministers and the Scottish Ministers.
Paragraph 15 of Annex 6 to EUR 2017/625 modifies that Regulation during the ‘transitional staging period’ (defined in paragraph 2 of Annex 6 to that Regulation as read with S.I. 2021/809 as amended by S.I. 2024/540) so that Annex 8 is read as being inserted after Annex 6.
EUR 2019/1014, amended by S.I. 2020/1631.
EUR 2019/2072, amended by S.I. 2020/1527, 1631, 2021/136, 426, 641, 1171, 1229, 2022/114, 484, 1090, 1120, 2023/497, 959, 1131, 2024/541, 610, 853.
EUR 2019/2072, Annex 2 was substituted by S.I. 2020/1527 and amended by S.I. 2021/641, 1171, 2022/114, 1120, 2023/1131, 2024/610.
EUR 2019/2072, Annex 2A was inserted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/1131, 2024/610.
EUR 2019/2072, Annex 4 was substituted by S.I. 2020/1527 and amended by S.I. 2020/1120, 2021/426, 1171, 1229, 2022/114, 2024/610.
EUR 2019/2072, Annex 5 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426, 1229, 2022/114, 2023/497, 2024/610.
EUR 2019/2072, Annex 7 was substituted by S.I. 2020/1527 and amended by S.I. 2021/136, 426, 641, 1171, 1229, 2022/114, 484, 1090, 1120, 2023/959, 1131, 2024/610, 853.
EUR 2019/2072, Annex 8 was substituted by S.I. 2020/1527 and amended by S.I. 2022/114.
EUR 2019/2072, Annex 11 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426, 641, 1171, 2022/114, 1120, 2023/959, 2024/541, 610.
EUR 2019/2072, Annex 13 was substituted by S.I. 2020/1527 and amended by S.I. 2021/426.
S.I. 2020/1482; relevant amending instruments are S.I. 2024/20 and 2024/541.