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The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

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PART 6E+WRegistration, authorisations and certificates relating to plant health

Applications for registrationE+W

19.  An application for registration pursuant to Article 66(1) of the F1... 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.

Textual Amendments

Commencement Information

I1Reg. 19 in force at 27.3.2020, see reg. 1

Other applicationsE+W

20.—(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 F2... 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 [F3or] a phytosanitary certificate for re-export F4....

(2) In this regulation—

“relevant activity” means an activity which would otherwise be prohibited under the F5... Plant Health Regulation F6... or another F7... plant health rule involving—

(a)

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

(b)

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

(c)

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

(d)

the multiplication of a plant pest at premises in Wales.

Textual Amendments

Commencement Information

I2Reg. 20 in force at 27.3.2020, see reg. 1

Authorisations for other purposesE+W

21.—[F8(1) 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 [F9, or by virtue of,] the F10... Plant Health Regulation [F11, 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.

[F12(3) In paragraph (1)—

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

(a)

a derogation from provisions of the F13... Plant Health Regulation which is set out in [F14[F15assimilated] law or regulations made] under the F13... Plant Health Regulation or the Official Controls Regulation, F16...

(b)

F16...

“potential quarantine plant pest” (“pla planhigion cwarantin posibl”) means a plant pest which is not a [F17GB 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.]

Textual Amendments

Commencement Information

I3Reg. 21 in force at 27.3.2020, see reg. 1

Authorisations granted by an appropriate authorityE+W

22.—(1) An authorisation granted by an appropriate authority for the purposes of the F18... Plant Health Regulation [F19or] the Official Controls Regulation or [F20for 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.

Textual Amendments

Commencement Information

I4Reg. 22 in force at 27.3.2020, see reg. 1

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