have been exported from an area established by the national plant protection organisation in accordance with ISPM 4 as an area that is free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., or

in the case of any machinery or vehicles exported from an area infested with Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., they have been cleaned and were free from soil and plant debris prior to being moved out of the area.

any potatoes which have been grown in a third country, other than Switzerland, or

any potatoes produced from those potatoes.

they derive in direct line from potato material which has been obtained under an officially approved programme in the European Union or Switzerland,

they have been found to be free from Potato ring rot in official tests using the methods set out in Annex 1 to Directive 93/85/EEC, and

they have been found to be free from Potato brown rot in official tests using the methods set out in Annex 2 to Directive 98/57/EC.

grow any potatoes on the plot, or

grow or store on the plot any plants intended for transplanting.

plant any potatoes that are intended for the production of seed potatoes in an infested field, or

plant or store any susceptible material which is intended for planting in an infested field.

official testing is carried out using the method set out in Annex 1 to Directive 93/85/EEC and in accordance with the conditions specified in point 1 of Annex 2 to Directive 93/85/EEC to confirm whether or not it is present,

the susceptible material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the susceptible material was harvested are designated as contaminated by a plant health inspector;

a plant health inspector determines the extent of the probable contamination through pre- or post-harvest contact or through any production link with anything designated as contaminated under paragraph (a), taking into account the matters set out in point 1 of Annex 3 to Directive 93/85/EEC;

a zone is demarcated by a plant health inspector on the basis of the designation made under paragraph (a), taking into account the matters set out in point 2 of Annex 3 to Directive 93/85/EEC.

any contaminated susceptible material, or

any possibly contaminated susceptible material.

in the case of contaminated susceptible material, the material be disposed of by destruction or by any other measure that complies with point 1 of Annex 4 to Directive 93/85/EEC;

in the case of possibly contaminated susceptible material, the material be used or disposed of in accordance with point 2 of Annex 4 to Directive 93/85/EEC;

in relation to any contaminated field which is part of the place of production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

in relation to any field which is part of the place of production but is not contaminated, a notice containing the third set of eradication measures.

the measures to be taken in the field from the date of receipt of the notice and for at least three growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally found host plants, of Potato ring rot,

a requirement that in the first potato cropping season following that period, only potatoes for ware production be planted in the field, that they only be planted if the field has been found free from volunteer potato plants and other naturally found host plants of Potato ring rot for at least two consecutive growing years prior to planting, and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC, and

a requirement that in the next potato cropping season only potatoes for seed or ware production be planted in the field following an appropriate rotation cycle (which must be at least two years where the potatoes are to be planted for seed production).

the measures to be taken in the field from the date of receipt of the notice and for four growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally found host plants, of Potato ring rot,

a requirement that, during that period, the field be maintained in bare fallow or in permanent pasture with frequent close cutting or intensive grazing, and

a requirement that in the first potato cropping season following that period, only potatoes for seed or ware production be planted, that they only be planted if the field has been found free from volunteer potato plants and other naturally found host plants of Potato ring rot for at least two consecutive growing years prior to planting, and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC.

a requirement that, during at least the third growing year, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production, and

the measures to be taken in the field from the date of receipt of the notice to the end of the third growing year so as to eliminate volunteer potato plants, and naturally found host plants of Potato ring rot and a requirement that official testing be carried out on harvested tubers in each field using the method set out in Annex 1 to Directive 93/85/EEC.

include a requirement that all machinery and storage facilities at the place of production which are used for potato production be cleansed and disinfected immediately and following the first growing year, and

specify the appropriate methods for cleansing and disinfecting the machinery and storage facilities.

all of the measures to eliminate Potato ring rot and to remove all host plants which are specified in a notice in relation to the place of production in which the unit is situated have been complied with,

the growing medium in the unit has been completely changed, and

the unit and all equipment used on the unit has been cleansed and disinfected to eliminate Potato ring rot and to remove all host plant material.

any machinery or storage facilities at premises within the demarcated zone which are used for potato production must be cleansed and disinfected in an appropriate manner so that there is no identifiable risk of Potato ring rot surviving or spreading;

only certified seed potatoes or seed potatoes grown under official control may be planted during the specified period;

any seed potatoes grown in a place of production which is possibly contaminated must be officially tested after harvesting;

potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed potatoes and the handling of ware potatoes during the specified period.

must be in writing,

must describe the extent of the demarcated zone,

must specify the date on which each measure is to take effect and for how long,

must be published in a manner appropriate to bring it to the attention of the public, and

may be amended, suspended or revoked, in whole or in part, by further notice.

any occupier or other person in charge of any premises within the demarcated zone, and

any person who operates machinery or carries out any other activity in relation to the production of potatoes within the demarcated zone.

premises growing, storing or handling potato tubers, and premises which operate potato machinery under contract, are supervised by plant health inspectors for the duration of the specified period;

an official survey is carried out during the specified period in accordance with Article 2 of Directive 93/85/EEC;

a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

an investigation by a plant health inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC;

further official testing, including on all clonally related seed potato stocks;

a determination by a plant health inspector of the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship;

the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (c), the determination made under paragraph (d) and the possible spread of Potato brown rot, in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

an investigation by a plant health inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC;

the designation by a plant health inspector of host plants from which the sample was taken as contaminated;

a determination of the probable contamination by a plant health inspector;

the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (b), the determination made under paragraph (c) and the possible spread of Potato brown rot, in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

an investigation by a plant health inspector to establish the extent of the contamination, which includes an official survey at appropriate times on samples of surface water and, if present, wild solanaceous host plants;

the designation of surface water from which the sample was taken by a plant health inspector, to the extent appropriate and on the basis of the investigation under paragraph (a);

a determination by a plant health inspector of the probable contamination on the basis of the designation made under paragraph (b);

the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (b), the determination made under paragraph (c) and the possible spread of Potato brown rot, in accordance with point 2(ii) of Annex 5 to Directive 98/57/EC.

any contaminated susceptible material, or

any possibly contaminated susceptible material.

in the case of contaminated susceptible material, the material be subjected to any measure that complies with point 1 of Annex 6 to Directive 98/57/EC;

in the case of possibly contaminated susceptible material, the material be used or disposed of in accordance with point 2 of Annex 6 to Directive 98/57/EC;

in relation to a contaminated field or a unit of protected crop production which is part of the place of production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

in relation to a field which is part of the place of production but is not contaminated and, where the inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally found host plants of Potato brown rot has been eliminated, a notice containing the third set of eradication measures.

the measures to be taken in the field or the unit from the date of receipt of the notice and for at least four growing years from the start of the first growing year, so as to eliminate any volunteer potato and tomato plants and other host plants, including solanaceous weeds, of Potato brown rot,

a requirement that, in the first potato or tomato cropping season following that period, only potatoes for ware production be planted in the field or the unit, that the potatoes only be planted if the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of Potato brown rot, for at least the two consecutive growing years prior to planting, and that harvested tubers or tomato plants be subjected to official testing using the method set out in Annex 2 to Directive 98/57/EC, and

a requirement that an appropriate rotation cycle be applied in subsequent potato or tomato cropping seasons, which must be at least two years where potatoes are to be planted for seed production.

the measures to be taken in the field or the unit from the date of receipt of the notice and for five growing years from the start of the first growing year so as to eliminate volunteer potato and tomato plants and other naturally found host plants, including solanaceous weeds, of Potato brown rot,

a requirement that, in the first potato or tomato cropping season following that period, only potatoes for seed or ware production be planted, that the potatoes only be planted if the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of Potato brown rot, for at least the two consecutive growing years prior to planting, and that harvested tubers or tomato plants be subjected to official testing using the method set out in Annex 2 to Directive 98/57/EC.

a requirement, in the case of potatoes, that, in the second subsequent growing year and any other subsequent growing year, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production in the field,

a requirement, in the case of tomatoes, that during the second subsequent growing year and any other subsequent growing year, only tomato plants grown from seed which meets the relevant RNQP requirements or if, vegetatively propagated, tomato plants grown from seed which meets the relevant RNQP requirements and grown under official control be planted for plant or fruit production in the field,

the measures to be taken in the field from the date of receipt of the notice to the end of the growing year specified in the notice so as to eliminate volunteer potato plants, and naturally found host plants, of Potato brown rot, and

official inspections of growing crops at appropriate times and official testing of harvested potatoes in accordance with the method set out in Annex 2 to Directive 98/57/EC.

include a requirement that all machinery and storage facilities at the place of production which are used for potato production be cleansed and disinfected immediately and following the first growing year,

specify the appropriate methods for cleansing and disinfecting the machinery and storage facilities, and

prohibit any irrigation or spraying programme at the place of production or specify how any irrigation or spraying programme at the place of production must be carried out, for the purpose of preventing the spread of Potato brown rot.

all of the measures to eliminate Potato brown rot and to remove all host plants of Potato brown rot which are specified in a notice in relation to the place of production in which the unit is situated have been complied with,

the growing medium in the unit has been completely changed, and

the unit and all of the equipment used on the unit have been cleansed and disinfected to eliminate Potato brown rot and remove all host plant material.

in relation to potato production, specify that only certified seed potatoes or mini-tubers or micro-plants derived from officially tested sources may be used in the production;

in relation to tomato production, specify that only seed which meets the relevant RNQP requirements or, if vegetatively propagated, tomato plants produced from seed which meets the relevant RNQP requirements and grown under official control, may be used in the production;

prohibit any irrigation or spraying programme at the place of production;

specify how any irrigation or spraying programme at the place of production must be carried out for the purpose of preventing the spread of Potato brown rot.

any machinery or storage facilities at premises within the demarcated zone which are used for growing, storing or handling potato tubers or tomatoes within the zone, or any premises within the zone from which machinery for potato or tomato production is operated under contract, must be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot surviving or spreading;

in the case of potato crops, only certified seed potatoes or seed potatoes grown under official control may be planted during the specified period;

potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed potatoes and the handling of ware potatoes during the specified period;

in the case of tomato crops, only tomato plants grown from seed which meets the relevant RNQP requirements or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted during the specified period;

contaminated surface water must not be used for the irrigation or the spraying of specified plant material and, where appropriate, other host plants of Potato brown rot, without the prior written authorisation of a plant health inspector;

if liquid waste discharges have been contaminated, any waste from industrial processing or packaging premises in the zone which handle specified plant material must be disposed of under the supervision of a plant health inspector.

must be in writing,

must describe the extent of the demarcated zone,

must specify in relation to each measure whether it applies generally or to an area of surface water in the demarcated zone,

must specify the date on which each measure takes effect and for how long,

must be published in a manner appropriate to bring it to the attention of the public, and

may be amended, suspended or revoked, in whole or in part, by further notice.

any occupier or other person in charge of any premises within the demarcated zone;

in relation to measures referred to in paragraphs (a) to (d) of that sub-paragraph for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC;

in relation to the measures referred to in paragraphs (e) and (f) of that sub-paragraph for the purposes of Article 5(1)(c)(iii) of Directive 98/57/EC.

premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by plant health inspectors during the specified period;

an official survey is carried out in accordance with Article 2 of Directive 98/57/EC during the specified period;

a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

move any Egyptian potatoes within Wales unless they are labelled to indicate that they originate in Egypt;

process, prepare, wash or package any Egyptian potatoes at premises in Wales other than at premises that the Welsh Ministers have approved in writing for that purpose.

the grounds for serving the proposed notice;

the requirements of the proposed notice and, in the case of a penalty, the amount to be paid and how payment may be made;

a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs 1, 2 and 17),

a variable monetary penalty has been imposed on that person (see paragraph 4), or

a third party or enforcement undertaking has been accepted from that person (see paragraphs 9 and 23).

a fixed monetary penalty has been imposed on that person, or

that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.

a compliance notice,

a restoration notice,

a notice imposing a variable monetary penalty, or

a stop notice.

that the decision was based on an error of fact;

that the decision was wrong in law;

in the case of a variable monetary penalty, that the amount of the penalty is unreasonable;

in the case of a non-monetary requirement, that the nature of the requirement is unreasonable;

that the decision was unreasonable for any other reason;

that the decision was wrong for any other reason.

a compliance notice or restoration notice is served on any person,

a third party undertaking is accepted from any person,

a notice imposing a variable monetary penalty is served on any person, or

a fixed monetary penalty is served on any person,

the person is carrying on the activity or the appropriate authority reasonably believes that the person is likely to carry on the activity,

the appropriate authority reasonably believes that the activity is causing, or is likely to cause, economic or environmental harm, or adverse effects to plant health, and

the appropriate authority reasonably believes that the activity carried on, or likely to be carried on, by that person involves or is likely to involve, the commission of an offence under Part 11 of these Regulations.

that the decision was based on an error of fact;

that the decision was wrong in law;

that the decision was unreasonable;

that any step specified in the notice is unreasonable;

that the person has not committed the offence and would not have committed it had the stop notice not been served;

that the person would not, by reason of any defence, permit or licence have been liable to be convicted of the offence had the stop notice not been served;

that the decision was wrong for any other reason.

was based on an error of fact;

was wrong in law;

was unfair or unreasonable;

was wrong for any other reason.

the stop notice is subsequently withdrawn or amended by the appropriate authority because the decision to serve it was unreasonable or any step specified in the notice was unreasonable,

the appropriate authority is in breach of its statutory obligations,

the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable, or

the person successfully appeals against the refusal of a completion certificate and the First-tier Tribunal finds that the refusal was unreasonable.

the appropriate authority’s decision was unreasonable,

the amount offered was based on incorrect facts, or

the decision was wrong for any other reason.

action to be taken by the person to secure that the offence does not continue or recur,

action to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed, or

action (including the payment of a sum of money) to be taken by the person to benefit any person affected by the offence.

a statement that the undertaking is made in accordance with this Schedule,

the terms of the undertaking, and

information as to how and when the person is to be considered to have discharged the undertaking.

that person may not at any time be convicted of the offence in respect of the act or omission to which the undertaking relates, and

the appropriate authority may not serve on that person a compliance notice, restoration notice or stop notice, or impose a fixed or variable monetary penalty on that person, in respect of that act or omission.

was based on an error of fact;

was wrong in law;

was unfair or unreasonable;

was wrong for any other reason.

serve a compliance notice, restoration notice, variable monetary penalty, stop notice or non-compliance penalty, or

bring criminal proceedings.

a compliance notice, restoration notice or third party undertaking, irrespective of whether a variable monetary penalty was also imposed, or

an enforcement undertaking.

the grounds for imposing the non-compliance penalty,

the amount to be paid,

how payment must be made,

the period in which payment must be made, which must not be less than 28 days beginning with the day on which the notice is served,

rights of appeal,

the consequences of failure to comply with the notice, and

any circumstances in which the appropriate authority may reduce the amount of the penalty.

that the decision to serve the notice was based on an error of fact;

that the decision was wrong in law;

that the decision was unfair or unreasonable for any reason;

that the amount of the penalty is unreasonable;

that the decision was wrong for another reason.

withdraw the requirement or notice;

confirm the requirement or notice;

vary the requirement or notice;

take such steps as the appropriate authority could take in relation to the act or omission giving rise to the requirement or notice;

remit the decision whether to confirm the requirement or notice, or any other matter relating to that decision, to the appropriate authority.

the circumstances in which the civil sanction is likely to be imposed,

the circumstances in which it is not likely to be imposed,

where relevant, rights to make representations and objections,

rights of appeal, and

in the case of guidance about variable monetary penalties and non-compliance penalties, the matters likely to be taken into account by the appropriate authority in determining the amount of the penalty (including voluntary reporting by a person of their own non-compliance).

the circumstances in which the appropriate authority is likely to accept an enforcement undertaking, and

the circumstances in which the appropriate authority is not likely to accept an enforcement undertaking.

the cases in which civil sanctions have been imposed;

where the civil sanction is a compliance notice, a restoration notice or variable monetary penalty, the cases in which a third party undertaking has been accepted;

the cases in which an enforcement undertaking has been accepted.

in paragraph (2), for “Council Directive 2000/29/EC” substitute “ the EU Plant Health Regulation ”;

after paragraph (4) insert—

in the appropriate place insert—

omit the definition of “Directive 2000/29/EC”.

for the words from “notifiable” to “Order 2018” substitute “ plant pest of a description specified in Annex 2, 3 or 4 to 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, ”;

for “article 42 of that Order (notification of the presence or suspected presence of certain plant pests)” substitute “ the EU Plant Health Regulation ”.

in paragraph 4(1)(b), for “Schedule 15 to the Plant Health (Wales) Order 2006” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

in paragraph 7(1)(b), for “Schedule 15 to the Plant Health (Wales) Order 2006” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

in paragraph 9(1)(b), for “Schedule 15 to the Plant Health (Wales) Order 2006” substitute “ Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations ”.

for “Schedule 14 to the Plant Health (Wales) Order 2006” substitute “ Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations ”;

for “that Order” substitute “ those Regulations ”.

in the definition of “approved place of inspection” for “article 3 of the Order” substitute “ regulation 13(10) of the Official Controls (Plant Health) Regulations 2020 ”;

in the appropriate place insert—

for the definition of “licence” substitute—

in the appropriate place insert—

in the appropriate place insert—

in the appropriate place insert—

in the definition of “plant passport authority”, at the end insert “ and granted by the Welsh Ministers ”;

omit the definition of “the Order”;

omit the definition of “remedial notice”;

in the definition of “remedial work”, for “a remedial notice, or by an inspector under article 32(1) of the Order” substitute “ a forestry remedial notice, or by a plant health inspector under regulation 16(1) of the Official Controls (Plant Health) Regulations 2020 ”;

in the definition of “WPM authorisation”, at the end insert “ and granted by the Welsh Ministers ”.

omit paragraph (6);

at the end insert—