The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 M1 applies to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations—

“the 2006 Order” means the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 M2 ;

“the 2018 Order” means the Plant Health Order (Northern Ireland) 2018 M3 ;

“commencement date” means the date on which these Regulations come into operation;

“controlled consignment” means a consignment containing any plant, plant product or other object—

(a)

which may not be brought into the Union territory without a phytosanitary certificate for export or a phytosanitary certificate for re-export pursuant to—

(i)

Article 72 or 74 of the EU Plant Health Regulation;

(ii)

an EU emergency decision; or

(iii)

any other EU plant health rule, other than Article 73 of the EU Plant Health Regulation; or

(b)

which was exported from the Union territory to a third country and is returning to the Union territory following the refusal by that third country to allow its entry into the country;

“controlled plant pest” means—

(a)

a plant pest of a description specified in Annexes 2, 3 or 4 to the Phytosanitary Condition Regulation;

(b)

a plant pest of a description specified in an EU emergency decision; or

(c)

a plant pest subject to any other EU plant health rule;

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

“EU Emergency Decision” means an instrument referred to in regulation 3(1);

“EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC M4 ;

“EU plant health rule” means a rule within the meaning given in Article 1(2)(g) of the Official Controls Regulation;

“Official Controls Regulation” means 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, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429, and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC insofar as it applies to EU plant health rules M5 ;

“plant health inspector” means an official plant health officer appointed by the Department;

“plant pest” means a pest within the meaning given in Article 1(1) and (2) of the EU Plant Health Regulation;

“prohibited material” means any plant, plant product or other object which is carrying or is infested by or infected with a controlled plant pest or which may be carrying or infested by or infected with a controlled plant pest;

“regulated item” means—

(a)

any plant, plant product or other object to which an EU plant health rule applies, other than any plant, plant product or other object which is part of a controlled consignment; or

(b)

a controlled plant pest;

“Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 M6 .

(3) Unless the context otherwise requires, words and expressions which are not defined in these Regulations but appear in both these Regulations and in the EU Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as they have in the EU Plant Health Regulation or, as the case may be, in the Official Controls Regulation.

Commencement Information

I1 Reg. 2 in operation at 14.12.2019, see reg. 1

Marginal Citations

M1 1954 c. 33 (N.I.).

M2 S.R. 2006 No. 66.

M3 S.R. 2018 No. 184.

M4 O.J. No. L 317, 23.11.2016, p. 4, amended by Regulation (EU) 2017/625 of the European Parliament and of the Council (O.J. No. L 95, 7.4.2017, p. 1).

M5 O.J. No. L 95, 7.4.2017, p. 1, as amended by Commission Delegated Regulation (EU) 2019/478 (O.J. No. L 82, 25.3.2019, p. 4).

M6 O.J. No. L 319, 10.12.19.