PART 6Registration, authorisations and certificates relating to plant health

Applications for registrationI119

An application for registration pursuant to Article 66(1) of the F3... Plant Health Regulation which is to be submitted to an appropriate authority must be submitted in the manner and form required by the appropriate authority.

Other applicationsI220

1

The following applications must be made to the appropriate authority in the manner and form required by the appropriate authority—

a

an application for a temporary authorisation to permit a relevant activity for official testing, scientific or educational purposes, trials, varietal selection or breeding;

b

an application for an authorisation referred to in the following provisions of the F4... Plant Health Regulation—

i

Article 64(2),

ii

Article 89(1), or

iii

Article 98(1);

c

an application for the issue of a phytosanitary certificate for export F5or a phytosanitary certificate for re-export F6....

2

In this regulation—

relevant activity” means an activity which would otherwise be prohibited under the F7... Plant Health Regulation F8... or another F9... plant health rule involving—

  1. a

    the introduction of a plant pest or a plant, plant product or other object into Wales,

  2. b

    the movement of a plant pest or a plant, plant product or other object within Wales,

  3. c

    the holding of a controlled plant pest or a plant, plant product or other object at premises in Wales, or

  4. d

    the multiplication of a plant pest at premises in Wales.

Authorisations for other purposesI321

F11

The appropriate authority may grant an authorisation to permit—

a

the carrying out of any activity specified in a plant health derogation,

b

the introduction into Wales, the movement within Wales, or the holding or multiplication in Wales, of a potential quarantine plant pest for official testing, scientific or educational purposes, trials, varietal selection or breeding, or

c

the carrying out of any other activity which requires the approval of the appropriate authority under F14, or by virtue of, the F15... Plant Health Regulation F16, any regulations made under the Plant Health Regulation or the Official Controls Regulation, the Official Controls Regulation or these Regulations.

2

An application for any such authorisation must be made to the appropriate authority in the manner and form required by the appropriate authority.

F23

In paragraph (1)—

  • “plant health derogation” (“rhanddirymiad iechyd planhigion”) means—

    1. a

      a derogation from provisions of the F10... Plant Health Regulation which is set out in F11retained EU law or regulations made under the F10... Plant Health Regulation or the Official Controls Regulation, F12...

    2. b

      F12...

  • “potential quarantine plant pest” (“pla planhigion cwarantin posibl”) means a plant pest which is not a F13GB quarantine pest or a provisional GB quarantine pest, but which, in the opinion of the appropriate authority, fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 to that Regulation or may fulfil the criteria in Subsection 2 of that Section.

Authorisations granted by an appropriate authorityI422

1

An authorisation granted by an appropriate authority for the purposes of the F17... Plant Health Regulation F18or the Official Controls Regulation or F19for the purposes of, or under these Regulations must be in writing and may be granted—

a

subject to conditions;

b

for an indefinite period or a specified period.

2

An authorisation granted by an appropriate authority may permit the appropriate authority to modify, suspend or revoke the authorisation at any time by notice in writing.