The Plant Health (Amendment etc.) (EU Exit) Regulations 2020

Chapter 3 U.K.

28.—(1) Chapter 3 is amended as follows.

(2) In the heading of that Chapter, for “Union” substitute “ GB ”.

(3) In Article 36—

(a) in the heading, for “Union” substitute “ GB ”;

(b) in the unnumbered paragraph—

(i) in the words before point (a)—

(aa) for “Union” substitute “ GB ”;

(bb) for “the list referred to in Article 37” substitute “ column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation ”;

(ii) in point (b), for “the Union territory” substitute “ Great Britain ”;

(iii) in point (c)—

(aa) for “Union” substitute “ GB ”;

(bb) for “pest subject to measures adopted pursuant to Article 30(1)” substitute “ provisional GB quarantine pest ”.

(4) In Article 37—

(a) in the heading for “Union” substitute “ GB ”;

(b) in paragraph 1, for the first subparagraph substitute—

“A professional operator may not introduce a GB regulated non-quarantine pest into Great Britain, or move a GB regulated non-quarantine pest within Great Britain, on the plants for planting through which it is transmitted, as specified in the entries in respect of that pest in column (2) of the tables in Annex 4 to the Phytosanitary Conditions Regulation, if the presence of that pest on those plants for planting exceeds the thresholds specified in those tables in respect of that pest and those plants for planting.”;

(c) omit paragraphs 2 to 4;

(d) before paragraph 5 insert—

“4A.   A professional operator may not introduce into Great Britain, or move within Great Britain, any plants for planting referred to in Annex 5 to the Phytosanitary Conditions Regulation, unless the measures specified in that Annex in respect of those plants for planting to prevent the presence of the GB regulated non-quarantine pests have been taken. ”;

(e) for paragraph 5 substitute—

“5.   The appropriate authority may by regulations modify Annex 4 or 5 to the Phytosanitary Conditions Regulation where the results of an assessment show that:

(a) a pest not listed in column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation fulfils the conditions referred to in Article 36;

(b) a pest listed in column (1) of the tables in Annex 4 to the Phytosanitary Conditions Regulation no longer fulfils one or more of the conditions referred to in Article 36; or

(c) amendments to Annex 4 or 5 to the Phytosanitary Conditions Regulation are necessary as regards the categories referred to in paragraph 7 of this Article or the thresholds referred to in paragraph 8 of this Article.”;

(f) after paragraph 5 insert—

“5A.   The appropriate authority may by regulations modify Annex 5 to the Phytosanitary Conditions Regulation to make provision as to the measures to be taken to prevent the presence of a GB regulated non-quarantine pest on the plants for planting concerned.

5B.   Regulations under paragraph 5A may specify whether the measures are to apply to the introduction of the plants for planting into Great Britain, the movement of those plants for planting within Great Britain, or both.

5C.   Any measures specified in regulations under paragraph 5A must be consistent with the principles set out in Section 2 of Annex 2 to this Regulation and are to apply in addition to the measures specified in the relevant legislation on the marketing of seeds and other propagating material.”;

(g) omit paragraph 6;

(h) in paragraph 7—

(i) after “of the” insert “ categories of ”;

(ii) for the words from “Directives” to “set out” substitute “ the relevant legislation on the marketing of seeds and other propagating material, the tables in Annex 4 to the Phytosanitary Conditions Regulation must include ”;

(iii) omit the words from “stating” to the end;

(i) in paragraph 8—

(i) in the first subparagraph, for the words from “the list” to the end substitute “ the tables in Annex 4 to the Phytosanitary Conditions Regulation must include that threshold ”;

(ii) in the second subparagraph—

(aa) in the words before point (a), for “set” substitute “ included ”;

(bb) in point (a), for “Union” substitute “ GB ”;

(j) in paragraph 9—

(i) for “Member States” substitute “ competent authorities ”;

(ii) after “concerning” insert “ GB ”.

(5) In Article 38, for the words from “Commission” to “amending” substitute “ appropriate authority may by regulations amend ”.

(6) In Article 39—

(a) in the heading, for “Union” substitute “ GB ”;

(b) in the unnumbered paragraph, for “Union” substitute “ GB ”.

Commencement Information

I1 Reg. 28 in force at 31.12.2020 on IP completion day, see reg. 1(2)(b)